The number of migrant care workers who have reported being employed under exploitative contracts rose from 22 to 134 between 2021-2022 and 2023-2024.
The Guardian revealed that The Royal College of Nursing (RCN) reported an increase in the number of care workers who contacted them to say their employer was demanding large sums of money if they left their job.
Migrant workers should not be made responsible for hiring fees, commented Vanessa Ganguin, founder of Vanessa Ganguin Immigration Law.
Speaking to HR magazine, she said: “The Immigration Skills Charge shouldn’t be passed onto the worker. There are strong arguments that other sponsorship costs are the employer’s responsibility as part of the operation of their licence.”
Employers can legally claim back their visa application fee if workers end their employment early, Ganguin noted, but this should not happen when the termination is out of the employee’s control.
She continued: “This may be done in a proportionate way where the amount to be repaid decreases over time, since the employer will have had the benefit of that employee in the meantime.
“There may also be situations where clawback isn’t appropriate. For example, if a person is made redundant due to no fault of their own, or if there are issues such as bullying or harassment.”
Employers should also ensure that the recruitment agencies they employ to hire migrant workers do not demand additional fees from employees, Ganguin added.
“If employers use agents they should carry out due diligence: only use reputable ones; review their recruitment processes and terms; speak to applicants directly about the agents and the fees and terms they demand,” she continued.
Read the full article in HR Magazine
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