Victim of Domestic Servitude wins first caste discrimination claim

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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

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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

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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

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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

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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

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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. 

Download press release

ATLEU presses MPs to support amendment to the Modern Slavery Bill to improve protection for those at risk of human trafficking

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ATLEU together with Kalayaan, Amnesty International, Human Rights Watch, the Anti Trafficking Monitoring Group, Anti Slavery International, Poppy Project, Liberty and Justice for Domestic Workers has written to all MPs on the Parliamentary Committee on the Bill.

ATLEU has urged the MPs to support an amendment to the Modern Slavery Bill from David Hanson MP. The amendment would restore rights to overseas domestic workers permitting them to change their employers and apply to extend their visas. Currently overseas domestic workers have no right to change employers - rendering them acutely vulnerable to trafficking and exploitation.

ATLEU believe that this amendment would be a significant step in improving the position of overseas domestic workers.

You are very welcome to use the letter as a model to write to your own MP. 

Download our letter here

Supreme Court upholds child victim of trafficking's claim for damages

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ATLEU represented the Appellant in the landmark case of Hounga v Allen [2014] UKSC 47.

This is the first case on human trafficking to be considered by the Supreme Court. In a majority judgment new rights are awarded to victims of trafficking who take their traffickers to court. 

The UK’s highest court overturned the Court of Appeal who had refused the victim - who was trafficked at age 14 - the right to recover compensation. 

Read more or download our press release. 

Low Pay Commission recommend a review of the family worker exemption

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Following ATLEU's representations the Low Pay Commission has recommended that the Government look again at the law in relation to regulation 2(2) of the National Minimum Wage Regulations 1999. The National Minimum Wage Low Pay Commission Report 2014 states:

'While we recognise that any effective action may require a change to primary legislation and necessitate the availability of a suitable legislative vehicle, we recommend that the Government should review the law, and take the next available opportunity to legislate and clarify the entitlement of migrant domestic workers to the National Minimum Wage. We also urge the Government to take action to increase awareness of the NMW entitlement of this group of workers; undertake appropriate enforcement; and ensure the process undertaken for the UK visa arrangements involves an effective check that the legal obligation to comply with the NMW is met by their employer'. 

Read the full report here. 

Women 'held as slaves for 30 years'

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ATLEU commends the work of the Freedom Charity in assisting 3 women to escape 30 years of slavery. ATLEU's experience confirms charity founder Aneeta Prem's comment that: 

"Extraordinary as this particular case was, enforced domestic slavery is not unique in the UK, although it is often hard to detect, hidden as it is behind closed doors on ordinary streets in ordinary towns and cities."

Domestic workers who enter the UK since 6 April 2012 and suffer similar conditions find it exceptionally difficult to access any form of support or redress due to the changes to the overseas domestic worker visa and legal aid since 1 April 2013. 

Representing vulnerable workers such as these is a specialist area and there is currently very limited provision, especially outside of London. 

We hope that this case will force the Government to look at the needs of victims suffering in similar circumstance. In particular we call for the reinstatement of the overseas domestic worker visa which could protect so many vulnerable workers and prevent the recurrence of similar situations to that seen here. 

We also urge the Government to reconsider their proposals to further cut legal aid which will deprive so many who have been kept in slavery from seeking redress.

Read The Guardian article 'How tiny charity uncovered Britain's most extreme case of domestic slavery' by Patrick Butler and Owen Bowcott (Thursday 21 November 2013).