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Article

1 Jul 2024

Author:
Kiran Stacey, The Guardian (UK)

UK: Indian nurse eligible for "significant" payout from employer Clinica Private Healthcare over unfair dismissal & wage loss, rules judge

See all tags Allegations

"Migrant nurse wins legal boost in unfair dismissal claim against UK firm,"

A migrant nurse could be eligible for a significant payout from a British healthcare company after an employment judge ruled he was likely to win his case for unfair dismissal...

Natasha Joffe, an employment judge, ruled that Clinica Private Healthcare, a London-based healthcare provider, may have to pay Kirankumar Rathod unpaid wages after it dismissed him in 2023. The ruling could leave him eligible for a payout of more than £13,000.

Rathod was dismissed after raising concerns about the lack of work being offered to him and other colleagues who had also moved to the UK on the promise of full-time employment...

Rathod said he came to the UK in 2023 having paid £22,000 to an immigration agent in India to obtain a visa and employment. He was given a certificate of sponsorship from Clinica that said he would be a care assistant, working 39 hours a week for just over £23,000 a year.

Having arrived in Britain, Rathod completed an induction course and three days of training, but he was subsequently given no work. According to the tribunal documents, he queried why he was not being offered shifts and was told: “It has been very difficult to find appropriate shifts for you all in the care homes which come with long hours per shifts, as majority of you wanted [sic].”

Rathod says he phoned his employer in November 2023 to protest once again at not being given work, and threatened to take legal action against them.

The next day he received a notice of termination that said he was being dismissed due to his “failure to take heed of several verbal warnings pertaining to insubordination towairds the employer and die company [sic]."...

Clinica did not respond to a request to comment...

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