23/06/2026
An Indian citizen who moved to the UK on a skilled worker visa has been awarded almost £30,000 after his employer failed to give him any work.
The Birmingham tribunal heard that Shabin Shaji was employed as a full-time care worker by Swan Care Solutions for a year, but was not given any shifts or paid a salary.
As a result, Shaji was left without any income, despite having moved to the UK for the role and receiving visa sponsorship from the company. He was unable to secure any other employment because of visa restrictions.
Employment judge Kate Edmonds ruled that Swan Care Solutions should award Shaji £28,843.53 in compensation for unauthorised deduction from wages and holiday pay, as well as failure to provide him with a written contract and non-compliance with the Acas code of practice on disciplinary and grievance procedures.
Shaji’s claims against Elizabeth Chengeta, the company’s managing director, and in relation to alleged payments to Swan Care Solutions were dismissed on withdrawal.
The tribunal also ordered Swan Care Solutions to pay an additional £8,700 in costs.
Swan Care Solutions sought to argue that Shaji’s employment had never commenced. However, employment judge Edmonds found that the only pre-conditions of employment were that the claimant was in the UK, had a valid visa and was a commutable distance from the workplace.
She said his employment began on 15 April 2023, the day after he told his employer these conditions had been met, and ended on 21 April 2024.
“During that period, the claimant was ready, willing and able to perform his duties, and the only reason he did not do so was because the respondent did not provide him with work,” Edmonds added. “The respondent withheld work from him, which was an external and involuntary factor preventing him from completing his duties.”
Swan Care Solutions claimed that it “genuinely, albeit mistakenly” thought the claimant was unable to start work and had not issued a contract of employment as a result.
However, Edmonds concluded that this was not the case, saying: “I do not accept the respondent’s argument that it genuinely did not realise that it was employing the claimant in those circumstances.
“The respondent, while not a large employer, had some access to HR support or could have obtained it.”
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