Indian nurse Kirankumar Rathod prevailed in a landmark lawsuit in London following unjust treatment by Clinica Private Healthcare Ltd., a British care provider. Rathod was one of the 100,000 foreign workers who entered the UK using a new visa route introduced in 2022 to fill staffing gaps in the care industry. However, after Clinica hired him, failed to give him a job, and eventually sacked him, Rathod found himself in a precarious financial situation.
Rathod’s case highlights the increasing number of labor exploitation claims in the UK’s care industry, with a focus on migrant workers. Rathod arrived in the UK in May 2023 with a contract for a £23,500-a-year healthcare assistant position, having paid an agency in India £22,000 to get the job. But months went by with no work assignments from Clinica, thus Rathod was unable to provide for his family. In November 2023, following several trips to Clinica’s offices and an attempt at legal action, he was charged with “gross insubordination” and subsequently fired.
In a unique decision, Judge Natasha Joffe of the employment tribunal mandated that Clinica reimburse Rathod for about £17,000 in unpaid wages and maintain his income until his claim for unjust dismissal is settled in full. According to legal experts, it is uncommon to provide “interim relief,” as it was in this instance, and it is quite probable that Rathod will prevail in his case in the Central London Employment Tribunal. The Work Rights Centre attorney representing Rathod, his wife, and his six-year-old daughter, Sarmila Bose, referred to the award as a “lifesaver” for them.
The tribunal also disclosed that Clinica’s authorization to hire foreign labor had been suspended, and the corporation was charged with “stringing along” several people in comparable circumstances, suggesting a more serious problem with the way the company was operated. It is anticipated that Rathod’s case may encourage other migrant workers who have experienced similar treatment to pursue legal action by creating a precedent.
More than sixty people with comparable complaints have already contacted the Work Rights Centre in 2023, but Bose stressed that this is only the “tip of the iceberg.” Because they are afraid of losing their visas and being deported, many migrant workers are reluctant to report mistreatment, which adds to the systemic exploitation in the care industry.
SOURCE :
THE PRINT
