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Abuse of Migrant Workers not Unlawful Discrimination

June 22, 2016

Two Nigerian nationals, both in the UK under domestic migrant visas, were mistreated and abused by their employers. After escaping, they brought successful claims under the minimum wage (and other similar) legislation. They also sought compensation under the Equality Act, asserting they had been directly or indirectly discriminated against on grounds of their nationality.

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The Supreme Court held it was not direct discrimination because the mistreatment was due to their vulnerable migrant status, not because of their nationality. Nor was it indirect discrimination, because there was no ‘provision, criterion or practice’ applied by the employers to their employees.

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