Keralite healthcare worker awarded £30,000 after UK employer failed to provide work: Report

LONDON June 1: An employment tribunal in England has awarded nearly £30,000 to an Indian care worker after his UK employer failed to provide him with any work for approximately a year following his arrival in Britain, The Guardian reported.

Shabin Shaji, 33, moved from Kerala, India, to Stafford, England, in 2023 under the UK’s post-Brexit skilled worker visa scheme. Having been informed of significant demand for care workers, he relocated to the UK, purchased a car for work, and completed required training in anticipation of beginning his role with Swan Care Solutions Ltd. Click to Read The Employment Tribunal Hearing Outcome

The tribunal heard that Mr Shaji had paid substantial recruitment-related fees before receiving a certificate of sponsorship from the company, which enabled him to live and work in the UK. However, despite being ready and available to work, he was reportedly not offered any shifts by his employer.

As his visa restricted his ability to work elsewhere, Mr Shaji faced considerable financial hardship. He told the tribunal that he relied on charitable support, food banks, and assistance from members of his local church while trying to support himself.

The employment tribunal ruled that Swan Care Solutions should compensate Mr Shaji for wages he would have earned during the period he remained available for work. The company was ordered to pay £28,843.54 in wages, holiday pay, and related compensation, together with an additional £8,700 in costs.

Employment Judge Kate Edmonds found that Mr Shaji had fulfilled all requirements necessary to begin employment and was entitled to be provided with work. The tribunal concluded that the company had effectively treated him as a zero-hours worker despite the fact that he was not employed on such terms.

Mr Shaji later secured sponsorship with another employer in 2024 but subsequently returned to India due to ill health. He told the tribunal that the experience had caused serious and lasting financial difficulties for both himself and his family.

The case was supported by the Work Rights Centre, a charity that assists workers facing employment rights issues. Its chief executive, Dora-Olivia Vicol, said the case highlighted broader concerns affecting migrant care workers who come to the UK expecting stable employment but encounter significant difficulties after arrival.

The tribunal also noted that Swan Care Solutions’ licence to issue certificates of sponsorship was revoked in 2024. The company did not respond to The Guardian’s request for comment.