The enforcement of employment tribunal awards against unscrupulous employers remains an uphill battle, with nearly 50% of awards going unpaid in full. This is a critical issue highlighted in recent cases, such as that of Shabin Shaji, who was awarded almost £30,000 after his UK employer failed to provide work. While this case underscores the importance of stronger safeguards for migrant workers, it is just one of many. The vast majority of migrant workers never bring claims, partly due to the difficulty of obtaining pro bono assistance like that provided by the Work Rights Centre to Mr Shaji, and partly because they fear jeopardizing their precarious immigration status.
The role of the Fair Work Agency
Rather than leaving enforcement to individual claimants, the newly established Fair Work Agency has a clear role to play in supporting the enforcement of employment rights. However, for the agency to be effective, it must be properly resourced and financed, which is far from certain at present.
Systemic challenges
The employment tribunal system is also under severe strain, with hearings for even straightforward cases now being scheduled for 2029 and 2030. This delay encourages unscrupulous employers to exploit migrant workers, confident that the workers may have left the country before the case is heard. A major overhaul of the system is urgently needed to prevent these rights from becoming illusory.
Emma Wilkinson, Director of Elan (Employment Legal Advice Network), emphasizes that without comprehensive reform, the protections for migrant workers will remain inadequate. The combination of underfunded enforcement agencies, a backlogged tribunal system, and the fear of retaliation among workers creates a perfect storm for exploitation.
To address these issues, the government must invest in the Fair Work Agency, streamline tribunal processes, and provide better support for vulnerable workers. Only then can the UK truly safeguard the rights of migrant workers and hold unscrupulous employers accountable.
