Problems with your sponsor
If your sponsor is mistreating you, remember that everyone has rights at work, including sponsored migrant workers. This is a mix of rights which apply to all workers in the UK (these are called statutory rights, and include things like the right to be paid at least national minimum wage), and additional contractual rights.
Your contractual rights will typically include things like how many hours of work you should be given every week, what you get paid, and how much notice you and your employer should give each other if you want to part ways.
Ask your employer for a copy of your contract. It is illegal for them to refuse to give you one. Even if they refuse you will still have a contract based on your understanding with your employer. This may come in the form of emails, messages where you agreed how you will work and be paid, or a Certificate of Sponsorship.
If you want to challenge your employer, good evidence is key. Keep a diary of what went wrong, and evidence of communication with your employer. Make a note of the date, time, and place.
Gather evidence
If your employer is not paying you, not giving you the work promised, or you think they are breaching your rights in other ways, raise this with them.
You may want to raise it informally at first (e.g.: in a meeting with your line manager), but if the situation continues, it is important to do it in writing and promptly.
Keep a detailed diary to record any instances of mistreatment or wage deductions, and your communication with the employer (such as copies of emails / messages / meeting notes). This will be useful if you want to bring a formal claim against them.
The clearer your evidence is, the stronger your case. Try to record the place, date, and time of your evidence, and if the issue persists, raise it more than once.
Taking legal action to obtain compensation
If your employment rights were breached, you can take action. We encourage you to explore your options and stand up for your rights, but please seek employment legal advice before you decide to go to court.
Employment tribunals. If your dispute occurred within the past 3 months. Employment tribunals are responsible for hearing claims from people who think an employer has treated them unlawfully. This includes things like non-payment, unfair dismissal, discrimination, or unlawful deductions from pay. Before you can bring a claim to the Employment Tribunal, you will have to notify ACAS (the Advisory, Conciliation and Arbitration Service). ACAS is a free service and a mandatory step.
You must usually notify ACAS within the 3 months minus one day from the date your dispute arose, otherwise the tribunal is unlikely to accept your claim. ACAS will attempt to resolve the dispute (this is called early conciliation). If you and your employer agree to settle, your dispute will end there. If early conciliation fails (or your employer does not engage), ACAS will give you a certificate with a reference number, which you can then use to make a claim to the Employment Tribunal. You have 1 month from the date of your Acas certificate to bring a claim to the Employment Tribunal. You do not have to pay a fee for this, and you can make your claim online on the government's website.
County court. If your dispute arose more than three months ago and involves an issue such as non-payment of wages in breach of your employment contract, you may be able to seek redress in the county court. However, court fees are payable unless you meet exemption criteria, and if you lose you may be ordered to pay the other side's costs. You have up to 6 years to make a county court claim.
Labour enforcement agencies. If you don’t feel able to bring a court claim, you can contact one of the UK’s labour enforcement agencies and ask that they take action for you. The HMRC National Minimum Wage Team can take action against employers who fail to pay workers their minimum wage. The Gangmasters and Labour Abuse Authority (GLAA) can also take action against employers who fail to pay workers, and can make a referral to the National Referral Mechanism (NRM) for victims of modern slavery.
Threats that your visa will be cancelled
Unfortunately, some employers use their power to stop sponsorship to intimidate migrant workers.
They should not do that. Employers authorised to sponsor migrant workers must comply with all UK legislation, including the Protection from Harassment Act 1997, which protects all people from harassment. If sponsor employers do not comply with all the relevant laws and rules, the Home Office can take action against them such as suspending or revoking their sponsor licence.
However, while your employer should not use threatening language or breach your employment rights, they can dismiss you. If the dismissal is unfair, you could bring a claim to the Employment Tribunal. We encourage you to speak to an employment legal adviser.
Employment tribunals have strict deadlines. You usually have 3 months minus 1 day to notify Acas, from the date your dispute arose, then 1 month from the date of your Acas certificate to bring a claim to the Employment Tribunal.
To make a claim in the County Court, you have up to 6 years.
If your sponsor doesn't give you any work
Keep asking them for work regularly, and keep a record of your communication. If you ever choose to challenge your employer in an employment tribunal, good evidence that you were ready and willing to work is key.
In the meantime, for as long as you are not formally dismissed (or you don't quit your job), you can take up additional part time work with another employer. Most people with a Health and Care Worker (or a Skilled Worker) visa have permission to work up to 20 hours a week with another employer, while they are employed by their visa sponsor. The additional work you take has to be in an eligible occupation code. These hours must also be outside the normal working hours under which your certificate of sponsorship was assigned.
You can prove you have permission to work by using the government's View and prove service.
Recruitment fees are illegal in the UK. If you paid a job-finding fee to a recruiter, you may be a victim of employment fraud. You can report the incident to Action Fraud.