9. Pay, repayment clauses and other deductions
Migrant workers in care, cleaning, and support services are frequently underpaid, either through outright wage theft, unlawful deductions, or unpaid time that should be classed as working time. These violations not only breach employment law but also create deep financial and emotional stress. Many migrant workers are also subject to repayment clauses in their contracts or other deductions from their wages that are taken by their employers from their regular pay or at the end of their employment, sometimes without a clear explanation of what they are for. The legality of these deductions is often unclear and they add to workers’ financial burdens.
As with other issues, migrant workers are often reluctant to raise complaints for fear of losing their job or jeopardising their visa, particularly if their employer is also their sponsor. Others may not understand their rights or may assume that poor treatment is simply‘ how things work here’. This chapter will help reps and caseworkers navigate any pay issues, be more aware of the existing guidelines and advice around different types of deductions and repayments and give examples of how to successfully challenge them. Getting pay right is hugely important for workers who often already face exclusion from public funds and lack alternative sources of income.
A survey by the Work Rights Centre, a charity that helps migrant workers and disadvantaged Britons access employment justice, found that three-quarters( 75 %) of migrant care workers were unhappy or very unhappy with their pay. Nearly half of those who drove between appointments were unpaid for their travel time. Others spoke of deductions for accommodation or training, being underpaid during probation, or never receiving payslips at all.
“ Every conversation about pay with the managers feels threatening and often ends with the word‘ visa’.” – Indian domiciliary care worker
The legal framework
Wages are defined in the Employment Rights Act 1996 and include sums that are payable to the employee in relation to their employment. The following are examples of‘ wages’:
• any salary, holiday pay, bonus or commission whether contractual or otherwise;
• pay that you are entitled to under statute( e. g. statutory sick pay or statutory maternity, paternity, adoption or shared parental pay);
• statutory payments that are paid in lieu of wages( e. g. for time off to look for work, guarantee payments, time off for trade union duties);
• payment of“ protective awards” for failure of an employer to adhere to minimum consultation time periods.
46 LRD • Supporting migrant workers