Challenge to government's Seasonal Worker Scheme
/ATLEU has brought a legal challenge to the government’s Seasonal Worker Visa Scheme on the grounds that it breaches Article 4 of the European Convention on Human Rights.
Read MoreATLEU has brought a legal challenge to the government’s Seasonal Worker Visa Scheme on the grounds that it breaches Article 4 of the European Convention on Human Rights.
Read MoreThe 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.
Read MoreIn 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.
Read MoreIn 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.
Read MoreATLEU 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.
Read MoreIn 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.
Read MoreThree 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’.
Read MoreATLEU 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’.
Read MoreOur client (P), was exited from NRM support following receipt of a positive conclusive grounds (CG) decision. He had not received NRM support for over a year.
Read MoreIn a judgment handed down on Wednesday 18 March 2020, the UK Supreme Court allowed the appeal of MS (Pakistan) v SSHD, overturned the Court of Appeal's judgment, and reinstated his successful appeal before the Upper Tribunal. This is a great result for victims of trafficking, ATLEU and the intervenors in the case.
Read MoreA victim was awarded over a quarter of a million pounds in damages from her trafficker, in one of the first cases of its kind.
Read MoreThe Supreme Court concludes that the State Immunity Act is unlawful since it prevents all employees of foreign embassies bringing claims for compensation against employer states regardless of the nature of the employee’s work.
Read MoreThe Supreme Court found that a diplomat who employed a domestic worker could not be said to have acted within their “official functions” with the result that the Saudi diplomat defendants in the case had lost any immunity from suit the moment they ceased to be in post.
Read MoreH was a victim of trafficking, and brought proceedings against the respondents before the employment tribunal in relation to their alleged role in her trafficking. The respondents were acquitted of trafficking-related offences in criminal trials and, on that basis, applied to the tribunal for deposit orders against H.
Read MoreA victim of trafficking is entitled under the Trafficking Directive 2011/36/EU/to legal aid in legal proceedings. Accordingly, a tribunal erred in law when it failed to grant a postponement of a merits hearing to permit the Claimant to access legal aid. A victim of trafficking has a right in EU law to legal aid and the courts and tribunals must give effect to this.
Read MoreIn a strongly worded judgment, The Hon. Mr Justice McCloskey, President and Upper Tribunal Judge Blum held that the tribunal has jurisdiction to make their own decision on whether an appellant is a victim of trafficking and to consider if a negative trafficking decision has been reached in breach of the Secretary of State’s policy guidance.
Read MoreOur client Ms Cherrylyn Reyes, who has been accepted as a victim of trafficking by the Home Office, has been granted permission to appeal the judgment of the court of appeal preventing her from bringing a claim against her employers, a Saudi diplomat and his wife.
Read more about the case here: Court of appeal issues declaration of incompatibility
This guidance case involves trafficking for forced labour of MS, a Pakistani male child. The forced labour took place in restaurants, takeaways and food production factories.
Read MoreA test challenge in six immigration cases had been joined together as they raised common issues about exceptional case funding.
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