An Indian nurse who was sacked by a British care company has been awarded a £17,000 payout in unpaid wages.
Kirankumar Rathod worked for Clinica Private Healthcare and was dismissed after he raised concerns that he wasn’t being offered enough work. Rathod and a number of his colleagues had been encouraged to move to the UK with the promise of full-time employment.
He paid £22,000 to a recruitment agent in India for the job, Clinica hired him but failed to provide him with any work or income. After months of inactivity, he received a termination notice accusing him of “gross insubordination”.
In an unusual interim ruling, employment judge Natasha Joffe this week ordered Clinica to pay overdue wages and continue salary payments until a full unfair dismissal claim can be heard.
Healthcare sector
Care sector needs half a million extra workers by 2040
Steep visa fall to trigger ‘skills catastrophe’ for health and social care
Estimates suggest that around 100,000 overseas workers have arrived in the UK since 2022, when the government made care workers eligible for a Health and Care Work visa as part of the Skilled Worker visa route.
Sarmila Bose of the Work Rights Centre, which represented Rathod in his claim, said the decision could be significant because “it shows redress is possible for the many people who have been wronged by the way the visa scheme has been operated”.
She added that the financial award was important because Rathod and his family had faced severe economic hardship.
Judge Joffe found that he would likely win his unfair dismissal case, so should be paid all unpaid wages between the date of termination and the end of his case.
Rathod told Reuters: “The situation has been extremely challenging, both emotionally and financially. Without any work or pay from Clinica, I struggled to support my family.”
Earlier this year, the Guardian newspaper revealed widespread allegations of migrant worker exploitation in the health and care sectors. Anti-trafficking campaigners and lawyers hope that more workers will come forward who have been left struggling financially due to similar circumstances.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
HR opportunities in Healthcare on Personnel Today
Browse more HR opportunities in healthcare
