Indian Care Worker Wins £28,843 in Unpaid Wages After Employer Withheld Shifts

In May 2026, a Birmingham employment tribunal ordered Swan Care Solutions Ltd to pay Shabin Shaji £28,843.54 in unpaid wages and holiday pay, plus £8,700 in costs, after the firm gave him no shifts for a year.

The Guardian

The post-Brexit skilled-worker visa lets licensed UK employers sponsor overseas staff. Agencies and a YouTube influencer promoted the scheme; Shaji, a Kerala-based computer-science graduate, paid £17,000 to recruiters, completed online training, and received a sponsorship certificate from Swan Care Solutions before arriving in Stafford in 2023.

The Guardian

Shabin Shaji – claimant; Swan Care Solutions Ltd – employer whose sponsorship licence was revoked in 2024; Work Rights Centre – charity assisting Shaji, led by Dora-Olivia Vicol. Financials: £28,843.54 wages, £8,700 costs, £17,000 recruitment fee, and a visa limiting work to 20 hours weekly.

The Guardian

The tribunal found Swan Care Solutions treated Shaji as a zero-hours worker despite his full-time visa, an unauthorised wage deduction. Judge Kate Edmonds noted the employer suggested cash-in-hand jobs and food-bank use. The Work Rights Centre called for reform of the skilled-worker visa to ease sponsor changes when contracts are breached. The Home Office revoked Swan’s licence in 2024; the company declined comment.

The Guardian

Critics argue the employer-tied visa traps migrants, as Shaji could not legally work for another sponsor beyond 20 hours weekly. Reliance on private agents, often advertised via social media, has produced fees with no employment guarantee, illustrating concerns that migrant care workers are “sold a dream” only to face destitution.

The Guardian

Shaji survived on tap water, near-expiry bread and free fruit from local shops, while relying on food banks, charity and church support. He returned to India in ill health after a year without work, despite holding a valid sponsorship certificate.

The Guardian

Judge Edmonds said it was “not entirely clear” how Shaji first contacted Swan Care Solutions, indicating limited documentation of the recruitment path. Swan Care Solutions did not respond to requests for comment, leaving internal decision-making opaque.

The Guardian

• “He was now in the country, with the right permissions, and living in the right location.” — Judge Kate Edmonds, Employment Judge

The Guardian

• “The problem, of course, was that the claimant was not a zero-hours worker.” — Judge Kate Edmonds

The Guardian

• “ Shaji said: “I was broke and had to rely on charity.” — Shabin Shaji, Claimant

The Guardian

• “Dora-Olivia Vicol, the charity’s chief executive, added: “We’ve seen case after case of migrant care workers sold a dream in Britain, leaving their careers and families behind, only to find destitution and abandonment by their employer and the state.” — Dora-Olivia Vicol, Chief Executive, Work Rights Centre

The Guardian

The case highlights regulatory scrutiny of the skilled-worker visa programme. Advocacy groups urge the Home Office to amend the framework to allow migrants to change sponsors without penalty when contracts are breached, and to tighten oversight of recruitment agents.

The Guardian