Migrant nurse to receive substantial compensation in wrongful dismissal case

Kirankumar Rathod was fired after he raised concerns about the poor work being done to him and other colleagues

By: Pramod Thomas

A MIGRANT nurse could receive a substantial compensation payout from a UK healthcare firm after an employment judge ruled she was likely to succeed in her unfair dismissal case, a decision that could open the door to many similar claims, The Guardian reported.

Employment judge Natasha Joffe has ruled that London-based Clinica Private Healthcare could owe Kirankumar Rathod unpaid wages following his dismissal in 2023. The ruling could result in a payout of more than £13,000.

Rathod was fired after he raised concerns about the lack of work being provided to him and other colleagues, who had also emigrated to the UK with promises of full-time positions.

Campaigners hope the interim ruling will encourage many more people to come forward, following recent revelations of widespread exploitation of workers in the sector. A final decision on Rathod’s case is expected later this year.

Sarmila Bose of the Work Rights Centre, representing Rathod, highlighted the significance of the judgment as the first instance in which a social worker was granted such relief.

Nicola Ranger, from the Royal College of Nursing, called the ruling a crucial victory for migrant healthcare workers and called for an inquiry into widespread exploitation in the sector.

“This is a vital victory for migrant health workers. This case is not the end of the story, as we know exploitation is widespread in the social care sector. Migrant health workers desperately need the next government to launch an urgent inquiry and take action to ensure labour standards are upheld,” Mr Ranger said.

Rathod’s situation is similar to that of many other workers who paid large sums of money to secure job offers but found little or no work upon arrival. Many are now in debt and living in poverty in the UK.

Shadow Home Secretary Yvette Cooper has vowed that Labour will investigate the treatment of migrant care workers if it comes to power.

Rathod said he paid an immigration officer in India £22,000 for a visa and a job at Clinica, which promised a 39-hour working week. After initial training, he was offered no work and was fired after protesting about his lack of work.

In an interim ruling in June, Mr Justice Joffe ruled that Rathod was likely to win his unfair dismissal case and should be awarded back wages amounting to at least £13,000.

Clinica has not commented on the case but said it could not pay Rathod’s wages because it lost its migrant worker sponsorship license. The judge will address that issue at a later hearing.

Jamila Duncan-Bosu, a lawyer in the Labour Trafficking and Exploitation Unit, said: “This is a very interesting and welcome judgment. I hope it is the start of a reversal of the trend and that more workers will be able to come forward after this.”