Victim of Domestic Servitude wins first caste discrimination claim

In a ground-breaking judgment handed down on 17 September 2015 the Employment Tribunal upheld numerous claims, including those for unpaid wages and religious and race discrimination, brought by an Indian woman of low caste kept in domestic servitude by her employers for 4 ½ years. 

Ms Tirkey said:  “I want the public to know what happened to me as it must not happen to anyone else. The stress and anxiety that this sort of thing creates for a person can destroy them. I have not been able to smile because my life had been destroyed. Now I am able to smile again. Now I am free.”

Read more about the case here.

Increase in civil court fees

The government recently proposed a further increase to civil court fees. ATLEU is very concerned by the impact this could have on victims of trafficking who seek to bring compensation claims, challenge unlawful state behaviour by judicial review and pursue immigration appeals. We provided a response to the Government's consultation which you can read here

The response of the Immigration Law Practitioners' Association is available here and ATLEU endorses their comments.

The government's consultation paper can be seen here

ATLEU is recruiting a Project Coordinator

ATLEU seeks a highly skilled individual wishing to make a real contribution to a charity championing human rights in the rapidly developing and high profile field of human trafficking. The successful candidate will be responsible for the co-ordination of 3 exciting and challenging projects over the next 12-18 months, during which time they will work closely with ATLEU’s dynamic team of lawyers. Read more here...

ATLEU is expanding its Immigration & Public Law Team

ATLEU is looking for an experienced immigration practitioner to join its expanding Immigration and Public Law Team. The ideal candidate will be committed to working with victims of trafficking and will be passionate about developing legal protections for this client group. If you are interested in joining ATLEU's dedicated team of lawyers please download the application pack here. 

Court of Appeal says legal aid guidance on exceptional cases is unlawful

ATLEU acted for LS, one of six cases against the Lord Chancellor and Director of Legal Aid Casework considered by the Court of Appeal earlier this year. The Court of Appeal today handed down judgment that the Lord Chancellor’s Guidance on the exceptional case funding regime is incompatible with the requirements of Article 6 and Article 8 of European Convention of Human Rights and Article 47 of the Charter of Fundamental Rights because it sent a signal to caseworkers that the refusal of legal aid would breach Article 6 only in rare and extreme cases and the same applied to Art 47(3) of the Charter. 

Lord Dyson found that the threshold being applied for legal aid was "very high" such that it was unlawful. He said: "It correctly identifies many of the factors that should be taken into account in deciding whether to grant exceptional funding, but it neutralises their effect by wrongly stating that the threshold for funding is very high and that legal aid is required only in rare and extreme cases."

Read more on the BBC website: http://www.bbc.co.uk/news/uk-30479146

Court of Appeal considers cases challenging state and diplomatic immunity

ATLEU represents claimants in two significant appeals to the Court of Appeal being heard this week: 1) Janah v Libya, Benkharbouche v Sudan and 2) Reyes and Suryadi v Mr Jarallah Al Malki and Mrs Al Malki. The claimants seek to challenge the application of state and diplomatic immunity where claims are brought by domestic workers. These appeals are hugely significant. Overseas domestic workers working in diplomatic households and embassies are exceptionally vulnerable to exploitation and abuse including trafficking. Two of the Claimants have been identified by the Home Office to be victims of trafficking.

It is regrettable that the Foreign and Commonwealth Office, who are taking part in these hearings, will be taking the side of the defendants. Despite the Government's purported commitment to ending modern day slavery they are arguing to perpetuate a culture of impunity and to entrench the vulnerability of many. 

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