UK Sponsored Care Workers: Know Your Employment Rights If You’re Not Getting Work
The recent Employment Tribunal victory of care worker Shabin Shaji is an important reminder that sponsored migrant workers have rights.
Too many workers arrive in the UK believing they must simply endure whatever treatment they receive because their visa depends on their employer.
That is not true.
What Happened?
Mr Shaji travelled to the UK on a Skilled Worker visa after receiving sponsorship from a care provider.
Despite being ready and willing to work, he was not given shifts for approximately a year. During that period, he struggled financially and relied heavily on charity and community support. The Employment Tribunal ultimately awarded him compensation for wages and other employment breaches.
Your Employer Cannot Simply Ignore You
If you have:
Arrived in the UK
Completed training
Made yourself available for work
Followed reasonable instructions
You may have legal rights even if your employer does not allocate sufficient work.
Every case depends on its facts, but workers should not assume they have no remedy.
Know the Warning Signs
Seek advice if:
You are receiving no shifts
Your salary is below what was promised
You are pressured to work cash in hand
You are threatened with visa cancellation
You are charged unlawful recruitment fees
Your employer ignores complaints
You are being treated differently from other staff
Keep Evidence
One of the most important things you can do is keep records.
Save:
Contracts
Certificates of Sponsorship
Rotas
Text messages
WhatsApp messages
Emails
Payslips
Training records
Notes of conversations
Evidence often determines the outcome of disputes.
Do Not Suffer in Silence
Many migrant workers feel trapped because of sponsorship restrictions.
However, help is available through:
Employment solicitors
Immigration advisers
Trade unions
Advice centres
Employment tribunals
Specialist migrant worker charities
The earlier advice is sought, the more options may be available.
Consider Immigration Options
In some circumstances, it may be possible to:
Change sponsors
Obtain a new Certificate of Sponsorship
Challenge unfair treatment
Bring employment claims
Explore alternative immigration routes
Every case is different and requires specialist advice.
You Have Rights
Being sponsored does not mean surrendering your employment rights.
You have the right to be treated fairly.
You have the right to be paid correctly.
You have the right to raise concerns.
You have the right to seek legal advice.
The Shabin Shaji case demonstrates that employers can be held accountable when they fail to meet their obligations.
A visa should never become a tool for exploitation.
If something feels wrong, ask questions, seek advice, and know that help is available.
Where to Get Help
If you need to speak to a regulated immigration advisor or solicitor, please use this link to book a consultation with us CLICK HERE
At Tulia, we believe that everyone deserves to have a safe and welcoming place to call home. We are committed to helping migrants settle well in the UK and to achieve their full potential. Don’t forget to share this article!
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