Kerala Man Wins Big In UK Job Dispute With Employer, Gets Rs 38 Lakh Payout

An Indian national in the United Kingdom has been awarded nearly 30,000 pounds (around Rs 38 lakh) in compensation after his employer failed to provide the work they had agreed to, The Guardian reported. Shabin Shaji, originally from Kerala, migrated to the UK as a care worker under the post-Brexit visa scheme, which legally requires sponsors to offer genuine employment. According to the employment tribunal's findings, the company breached its contractual obligations. Despite a signed agreement, they failed to give Shaji his promised role, leaving him with no income.

Shaji Shares His Ordeal

Recalling his experience during the tribunal hearing earlier this year, Shaji explained that he was left completely broke and forced to rely on charity. "I drank tap water and bought bread close to its expiration date to survive," he said as quoted. "I looked around local shops in Stafford for free bananas and bread meant for those who were struggling. I attended church on Sundays, and the kind congregation shared snacks and tea with me, for which I am very grateful."

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He added that the situation had "serious, long-term detrimental effects" on his personal and family finances, noting, "I thought it would be a great opportunity, but when I came to the UK, I found immigrants and British people struggling. I was in a terrible situation, feeling like no one in authority cared if I lived or died."

The employment tribunal has now ordered the care provider, Swan Care Solutions Ltd, to pay Shaji his back wages for the period he was "ready, able, and willing to do" the work.

How Did He Reach the UK?

Shaji planned to move to Stafford, England, after believing that there is a "major shortage" of healthcare workers in the UK. He also consulted a YouTube influencer, who put him in touch with an immigration agent.

The tribunal heard that Shaji paid the agent 17,000 pounds (over Rs 21.5 lakh) before undergoing a telephone interview with Swan Care Solutions. He received a Certificate of Sponsorship, which allowed him to obtain his UK visa. However, upon arrival, he was given no actual work. To make things worse, his sponsored visa legally restricted him from working for any other employer for more than 20 hours per week. 

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While he eventually managed to secure a new sponsorship from a different employer in April 2024, his deteriorating health ultimately forced him to return to India.

To seek justice, Shaji reached out to the Work Rights Centre, an employment justice charity. Dr Dora-Olivia Vicol, the charity's Chief Executive, commented on the systemic issue: "We've seen case after case of migrant care workers sold a dream in Britain, leaving their careers and families behind, only to find destitution and abandonment by their employer and the state." She also called for a complete reform of the Skilled Worker visa to allow migrants to change employers easily if their contracts or rights are breached.

As quoted, the employment judge Kate Edmonds said: "The claimant had done what needed to be done to start work...He was now in the country, with the right permissions, and living in the right location. However, the respondent did not provide him with work, nor did they pay him."

"What, in effect, the respondent was doing was treating the claimant as a zero-hours worker...The problem, of course, was that the claimant was not a zero-hours worker," Judge Edmonds added. "The respondent withheld work from him... There was therefore an unauthorised deduction from his wages."