5. Basic employment rights
• Rights to statutory sick pay and family-related leave
Agency workers have additional rights under the Agency Workers Regulations 2010, including:
• Equal treatment in pay and working conditions as directly-employed workers after 12 weeks in the same role
• Access to facilities and job vacancies from day one
• A Key Information Document outlining how they will be paid and any deductions
What are common signs that rights are being denied?
Caseworkers should be alert to common patterns where rights are denied, withheld or undermined for migrant workers. These include:
• Being paid below the minimum wage, or subject to unclear or excessive deductions
• Lack of rest breaks, or being forced to work excessively or on split shifts with unpaid travel time
• Unpaid holiday, or not knowing they are entitled to paid leave
• Sudden dismissal or shift removal after raising concerns
• No written contract, or not knowing who their employer is
• Living in employer-provided accommodation with poor conditions or high rent
• Being told that joining a union or challenging treatment will lead to visa problems
In some cases, the threat of visa cancellation is used by employers to deter workers from asserting their rights. Workers on Skilled Worker visas may fear losing their immigration status if they lose their job, which can prevent them from challenging unfair treatment.
Examples of cases
A Filipino care worker was housed in shared employer-owned accommodation with ten others. She was charged £ 500 per month, deducted from her wages. When she asked to see a breakdown of deductions and refused extra night shifts, she was told she was“ not grateful enough” and warned that her visa could be withdrawn. The employer had not given her a contract or payslips.
A cleaner from Ghana was employed through an agency in an NHS hospital. Despite working full-time hours, she had no holiday pay and no knowledge of the 12-week qualifying period. Her payslips showed unexplained deductions labelled“ admin”. She had been in the UK for 18 months and had never received a Key Information Document.
An Indian nurse had passed her CBT and was working towards her OSCE. She was asked to repay £ 3,000 in training fees if she left before two years. Her contract was
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