5. Basic employment rights
unclear and she was told she would not be allowed to transfer sponsorship. With union support, the repayment clause was challenged and she found a new sponsor employer.
A practical checklist for caseworkers: assessment of basic rights
Finding out the following information should be approached gradually and with care, ensuring that the member divulges everything at their own pace, building trust and recognising the pressures and fears that migrant workers often face. When assisting a migrant worker, a caseworker can do the following to assess whether their basic rights are being met:
• Check if the worker has received a contract and whether it sets out hours, pay, and responsibilities
• Review payslips for clarity, legality, and proper itemisation
• Confirm pay is in line with the National Minimum Wage and Skilled Worker / Health and Care Worker visa conditions
• Identify the type of employment relationship: employee, worker or agency
• Ask if the worker has taken annual leave, been denied sick pay, or been sent home without pay
• Establish whether they are on a visa and whether the employer is a licensed sponsor
• Ask whether accommodation is tied to the job and what conditions or deductions apply
• Look for signs of control through financial dependence( e. g. repayment clauses, recruitment fees)
• Determine whether the member has felt safe joining or contacting the union
• Signpost to immigration advice if the case could affect their right to remain
Resources
• Labour Research Department Law at Work, 2025
• Migrants’ Rights Network Know your rights toolkit
28 LRD • Supporting migrant workers