In a judgement handed down on the 17th September the Employment Tribunal upheld the claims of a domestic worker who had been kept in domestic servitude and conditions ‘in clear violation of her dignity’ for over 4 years.

The domestic worker was represented by the Anti Trafficking and Labour Exploitation Unit. You can read more about the case and find the judgement on the ATLEU website

Alarmingly ATLEU has reported that the Legal Aid Agency refused to fund their representation of this claimant for 17 months. It was apparently suggested that her case was not of “sufficient importance or seriousness” and that it was “only a claim for money” so the Claimant could represent herself. This would have necessitated the worker cross examining the employers who had kept her in domestic servitude for years. ATLEU have explained that it was only with relentless legal representation that funding was eventually secured.

The changes to the immigration rules laid before parliament on the 17th September 2015 will not, in the view of Kalayaan and Justice 4 Domestic Workers improve the desperate situation of migrant domestic workers in the UK.

Migrant Rights Network have published Kalayaan and J4DW’s joint statement which sets out our concerns that these changes will not protect against nor prevent abuse and exploitation and could in fact push trafficked workers into re exploitation.

The publication of the review of the Overseas Domestic Worker visa has been delayed. The review was committed to during the passage of the Modern Slavery Bill through parliament and is being carried out by Barrister James Ewins, who will report to the Home Secretary. Although the review had planned to publish its findings mid July 2015 this has now been delayed until November 2015.

Immigration Health Surcharge

In April 2015 the UK introduced an Immigration Health Surcharge (IHS). This is a new requirement that in order to apply to renew your domestic worker visa you need to pay a set amount towards the right to access the UK’s National Health Service (NHS).

The charge for migrant domestic workers is £200. There is currently a problem with the Home Office website which means you will be charged £100. The Home Office have advised that you will be charged the additional £100 and that you should include a short letter with your application explaining that you understand that they are aware of the technical problem and will charge you the remainder.

You need to pay this before you apply to renew your visa. You will be given a reference number when you pay which you must enter on your FLR(0) application form.

You need to pay the charge online and you will need a debit or credit card.

You need to log on to https://www.gov.uk/healthcare-immigration-application/pay and follow the instructions to register and pay the charge.

You will be given a reference number which you will need to enter onto your FLR(0) form.

If you need help with any of this please call Kalayaan on 020 7243 2942 to make an appointment at least a month before your visa is due to expire.

Required Contract of Employment

All FLR(0) visa renewal applications must now include this UKVI contract which can be found at appendix 7 of the immigration rules.

On the 25th March the House of Lords voted against Lord Hylton’s amendment to the Modern Slavery Bill which would have allowed migrant domestic workers in the UK to change employers, doing much to prevent abuse.

The Commons amendment in lieu, proposed by the Government on the 17th March, is included in the Bill. Following this amendment migrant domestic workers who have been found by the Government’s National Referral Mechanism to have been trafficked may receive a six month visa as a domestic worker.

The Commons’ amendment does not improve the current situation for domestic workers. In spite of this amendment migrant domestic workers in the UK remain tied to their employers, and will have no protection and security upon escaping employers until they have a positive NRM decision. This means workers would be expected to escape from their employers and approach the authorities while their immigration status is still insecure. Kalayaan and others have highlighted the shortcomings of this amendment which rather than empowering workers and so going some way to prevent abuse, waits until migrant domestic workers have become victims and have approached the authorities before offering any protection. This is especially concerning given that evidence to date shows that since being tied to their employers fewer workers are coming forward.

The Government have commissioned a review into the current tied visa which Kalayaan and others will submit evidence to. The review is due to report in July 2015.

17th March 2015
Shamefully, MPs in the House of Commons have voted against the protections against slavery for migrant domestic workers. These basic protections, which allowed migrant domestic workers in the UK to change employer and to apply to renew their visa, had been voted into the Modern Slavery Bill by the House of Lords on the 25th February.

The Government opposed the amendment, arguing that by allowing migrant domestic workers to change employer, workers may not go forward to the police and their employers may escape prosecution.

This makes no sense and is morally abhorrent. It also won’t work.

The Modern Slavery Bill is proposing to keep workers we know to be vulnerable to extreme abuses including trafficking and slavery tied to their employers on a visa which has been found to facilitate their abuse in order that these same workers will then before forced to go to the authorities if they are to get any form of protection. In the almost three years during which migrant domestic workers have been tied to their employers, fewer workers known to Kalayaan have gone to the authorities, not more, because they are too scared. They have been made undocumented and criminalised by the act of escaping criminal abuse committed against them. The Government’s amendment instead proposes that those migrant domestic workers who are Conclusively recognised as trafficked through the Government’s identification system may get a six month visa to work as a domestic worker. This will not change the current situation, whereby migrant domestic workers feel unsafe to challenge or to leave abuse, as it offers no protection to any workers until they have gone to the authorities. The worker, terrified, and threatened, in escaping abuse is expected to take a leap of faith. These workers are not coming forward now and we cannot see what the Government’s amendment offers which would change this.

Of the 214 workers who Kalayaan internally identified as trafficked since April 2012 only 63 have consented to a referral into the NRM. In the same time period only 25 workers consented to us supporting them to go to the police. There remains no upheld conviction for trafficking an adult to the UK for domestic servitude. The only conviction for slavery took place prior to migrant domestic workers being tied to their employers. While domestic workers remain insecure and criminalised they are not in a position to think about justice.

Court of Appeal judgement rules that diplomatic immunity is upheld, leaving diplomatic migrant domestic workers employed by diplomats without a remedy
5 February 2015
Kalayaan intervened in a case in the Court of Appeal concerning a migrant domestic worker found to be trafficked by a diplomat and her claim for compensation.
The case Reyes & Anor v Al Malki is a claim against a Saudi Arabian diplomat and his wife. The Claimants, who were employed successively in the diplomat’s household and who have both been found by the UK Competent Authority to have been trafficked for domestic servitude, are represented by the Anti Trafficking and Labour Exploitation Unit (ATLEU) who instructed Paul Luckhurst of Blackstone Chambers.
Kalayaan, a charity which gives support and advice to migrant domestic workers in the UK instructed Zubier Yazdani & Silvia Nicolaou Garcia of Deighton Pierce Glynn solicitors and Tom Hickman of Blackstone Chambers for their intervention. The Judgement, handed down on the 5th February 2015, has upheld the diplomats’ immunity, denying the claimants recourse to pursue claims through the employment tribunals. The claimants are appealing.
The case was heard together with Janah v Libya, Benkharbouche v Sudan in which the claimants, also domestic workers, challenged State immunity, seeking a declaration of incompatibility between the State Immunity Act 1968 and the claimants EU law rights. In a potentially groundbreaking judgement this decision of incompatibility was granted.
Zuber Yazdani said ‘Despite the UK recognising that the Appellants were subjected to treatment amounting to trafficking the Court has denied them a remedy preferring to uphold the immunity of a diplomat. Trafficking is inherently a commercial activity and has nothing to do with the functions of a diplomat. It would seem outrageous to anyone that the law should defend such abhorrent conduct. This is a disappointing decision from the Court which will no doubt be appealed.’
Kate Roberts, Community Advocate at Kalayaan said that ‘Kalayaan continues to advocate for justice for all migrant domestic workers, including those employed and trafficked by diplomats. The Reyes judgement and the fact that these individuals have not been able to pursue justice through the courts due to their employer’s claim to immunity further demonstrates the need for the UK to have domestic policies which protect all migrant domestic workers. Currently all migrant domestic workers are tied to their employers in law. This has been found by both the Joint Committee on the Draft Modern Slavery Bill and the Joint Committee on Human Rights to facilitate their exploitation including trafficking. The UK needs to have legislation in place which allows domestic workers to change employers. For those employed in diplomatic households there needs to be enforceable contracts in place directly with embassies.’

Lord Hylton has tabled an important amendment to the Modern Slavery Bill which if passed at Report Stage would do a huge amount to protect migrant domestic workers against abuse and would close the gap in protections currently in the Bill. The amendment has received support from across the house with Baroness Royall of Blaisdon (Labour), The Lord Bishop of Carlisle and Baroness Hanham (Conservative) having added their names as signatories to the Bill.

After Clause 51
LORD HYLTON
BARONESS ROYALL OF BLAISDON
THE LORD BISHOP OF CARLISLE
BARONESS HANHAM

Insert the following new Clause—

“Protection from slavery for overseas domestic workers

All overseas domestic workers in the United Kingdom, including those
working for staff of diplomatic missions, shall be entitled to—

(a) change their employer (but not work sector) while in the United
Kingdom;

(b) renew their domestic worker or diplomatic domestic worker visa,
each such renewal being for a period not exceeding twelve months,
as long as they remain in employment and are able to support
themselves without recourse to public funds;

(c) a three month temporary visa permitting them to live in the United
Kingdom for the purposes of seeking alternative employment as an
overseas domestic worker where there is evidence that the worker
has been a victim of modern slavery.”

http://www.publications.parliament.uk/pa/bills/lbill/2014-2015/0069/amend/am069-f.htm