The Guardian
A major overhaul is required if protections against unscrupulous employers are not to become illusory, says Emma Wilkinson Your article ( Indian man awarded almost £30,000 after UK employer failed to provide work, 31 May ) and editorial ( 3 June ) rightly highlight the significance of the employment tribunal decision in the claim brought by Shabin Shaji against Swan Care Solutions and the importance of introducing stronger safeguards against such abuses of migrant workers. This is just one of many such cases involving migrant workers, but the vast majority never bring such claims, partly because it is extremely difficult to obtain the sort of pro bono assistance that the Work Rights Centre provided to Mr Shaji, and partly because, although lawfully resident here, they fear that such action is likely to jeopardise their precarious status. Rather than leaving it to individual claimants, there is a clear role for the newly established Fair Work Agency to support the enforcement of such rights. But to be able to do so it needs to be properly resourced and financed, something that is far from clear at the moment. Continue reading...
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