The Employment Appeal Tribunal has again confirmed that the family worker exemption is unlawful. Under the exemption live in domestic workers who are treated as a member of the family, are not entitled in law to receive the national minimum wage, or any salary at all. In practice it is relied on regularly in situations of exploitation including human trafficking.

In response to a claim for judicial review on behalf of YH, the Secretary of State for Home Department has confirmed that from 1 March 2023, all victims of modern slavery who receive a positive reasonable grounds decision will receive the same rate of financial support, regardless of their accommodation status.

In an important development for survivors, the Secretary of State for Justice has confirmed that he will develop guidance on victims and potential victims of modern slavery for prison staff.

This guidance is the result of the settlement of a judicial review claim brought by ATLEU on behalf of all victims and potential victims of modern slavery in prisons.

ATLEU has contributed to two changes to the law, making a huge difference to the lives of domestic workers in the UK. Both the revocation of the family worker exemption and the limitation on embassies invoking state immunity in employment matters were as a direct result of cases brought by ATLEU on behalf of individuals who had suffered labour exploitation.

In a judgment handed down on Friday 9 July 2021, the Supreme Court confirmed that refusing awards of compensation, under the Criminal Injuries Compensation Scheme (CICS), to applicants with unspent criminal convictions was lawful. The Appellants in this matter did not contend that their criminal convictions arose from their having been trafficked. The convictions occurred before their trafficking and subsequent exploitation. As such, the Supreme Court did not go on to determine the position where a victim asserts that they were compelled to commit a crime but has been unable to use the non-punishment provisions.

Three ATLEU clients have been awarded significant damages in a compensation claim against their former employer, Hick Lane Bedding Ltd. In a judgment handed down on Tuesday 9 March 2021, the High Court Queen’s Bench Division awarded damages in excess of £700,000 for what it described as an ‘egregious example of modern slavery’.

ATLEU has successfully challenged the family worker exemption contained within the National Minimum Wage Regulations. Under the exemption, live-in domestic workers were not entitled to receive the national minimum wage if treated as a member of the family’.