An Indian nurse has achieved a significant legal victory against a UK healthcare firm, securing “life-saver” interim relief in the form of unpaid wages after an employment tribunal ruled in his favor. Kirankumar Rathod, who arrived in the UK in May 2023 with his family, was granted back pay from the date of his dismissal and a monthly payment until the conclusion of his case.
The tribunal’s decision came during a remedy hearing at the Central London Employment Tribunal, where it was determined that Rathod is entitled to £16,900.97 in back pay, to be disbursed within 28 days, along with a monthly payment of £1,703 until the case is resolved. Rathod is being represented by the UK charity Work Rights Centre, which indicated that this interim relief suggests a strong likelihood of success in his unfair dismissal claim against Clinica Private Healthcare.
Dr. Sarmila Bose, Head of Employment at Work Rights Centre, described the ruling as a “life-saver” for Rathod and his family, alleviating their financial distress caused by Clinica’s actions. Rathod expressed immense relief, stating that the payment would help him continue his fight against the injustice he faced after being promised work that never materialized.
Rathod had paid £22,000 to an immigration agent in India for a Skilled Worker Visa and was offered a full-time healthcare assistant role with Clinica, only to find himself without work after completing his training. Following repeated inquiries and legal threats, he was dismissed without notice in November 2023. Clinica later claimed it had lost its license to sponsor migrant workers, arguing that any payments to Rathod would be illegal.
The case highlights the challenges faced by migrant workers in the UK, particularly under a sponsorship system that often places them at a disadvantage. Dr. Dora-Olivia Vicol, CEO of Work Rights Centre, emphasized the need for urgent reforms to protect migrant workers from exploitation.
This ruling comes at a critical time, as many Indian care workers are navigating stricter regulations and facing challenges due to previously lax oversight of recruitment agencies. The situation underscores the importance of safeguarding migrant workers’ rights and ensuring fair treatment within the UK healthcare system.
