Migrant worker awarded compensation after being left without work by sponsor

A UK employment tribunal has awarded compensation to a migrant worker who relocated to Britain under a sponsored work visa but was never provided with employment by the organisation that recruited him.

The worker had accepted a full-time care position and moved to the UK after receiving sponsorship under the Skilled Worker route. Although the role was advertised as a permanent position with guaranteed hours and salary, he was not allocated any shifts after arriving in the country and received no wages.

Because his immigration status was linked to his sponsoring employer, his ability to seek alternative employment was severely restricted. As a result, he spent many months without a regular income while attempting to resolve the situation with the organisation.

The tribunal found that the employer had failed to pay wages that were contractually due and had also breached other employment obligations. Compensation was awarded for unpaid earnings, accrued holiday entitlement and failures relating to employment documentation and workplace procedures. The employer was also ordered to contribute towards the claimant’s legal costs.

Evidence presented during the hearing showed that the worker had completed the visa process, travelled to the UK and attended onboarding arrangements shortly after arrival. Despite repeatedly contacting the employer to ask when work would begin, he received little clarity regarding his employment status.

The organisation maintained that additional training requirements had prevented the employee from starting work. However, the tribunal concluded that these requirements did not lawfully prevent the employment relationship from commencing. It found that the worker was available and willing to perform his duties and that the lack of work resulted solely from the employer’s failure to provide it.

The tribunal rejected arguments that the employment contract had never taken effect. Instead, it determined that employment began once the worker had arrived in the UK, held the necessary immigration permission and was available to undertake the role. The employment relationship continued until he eventually secured sponsorship with another employer and started a new position.

The case also serves as a reminder that sponsored workers are entitled to the same fundamental employment protections as other employees. Where an employer withholds work from an individual who is ready and able to perform their duties, significant liability may arise, particularly when the worker has relocated internationally in reliance on the employment offer.

For employers operating sponsorship programmes, careful workforce planning, accurate recruitment practices and ongoing compliance monitoring remain essential to reducing both legal and commercial risk. Should you wish to discuss this, contact 121 HR Solutions on 0800 9995 121.

Migrant worker awarded compensation after being left without work by sponsor

121 HR Solutions Ltd