Showing posts with label employment rights. Show all posts
Showing posts with label employment rights. Show all posts

Tuesday, May 26, 2026

Our rights at work are under attack - Help us Stop the Steal Tuesday 2 June | 2:00 - 3:00

 


Trade union rights and renters’ rights are under attack.

Join the TUC and guest speakers for a webinar on the #StopTheSteal campaign and how union reps can help defend hard-won protections at work and at home. We’ll discuss what proposed attacks on employment and housing rights could mean in practice, how reps can organise effective conversations in workplaces and communities, and why solidarity between workers and renters matters more than ever. You’ll hear about Stop the Steal’s day of action on 11th June, with workers across the UK putting up Stop the Steal posters on their noticeboards at work or at home. This helps to raise awareness about the threat of the Great Repeal Bill. This session is for anyone who wants to help build collective resistance to insecure work, low rights, and unfair housing. We want everyone attending TUC events to have a safe and enjoyable experience. If you require any adjustments or assistance to participate at this event, please let us know at TUCEducation@tuc.org.uk Live captions will be available during the webinar.

https://us06web.zoom.us/webinar/register/3517768511757/WN_TJtJfWltSDmlU1rMQqhmTg?mc_cid=5ca57508be&mc_eid=3ad1a32733#/registration

Sunday, September 15, 2024

Trade Union Congress 2024: Tuesday


(better late than...) Day 3 for me started with a windy run along Brighton prom and back. Apologies but due to a number of reasons (including a furry of urgent calls and messages from my UNISON members regarding a pending deadline about proposed changes to terms and conditions) I did not make notes about Congress for the last 2 days. 

Highlights was the well received speeches by our Labour Prime Minister, Keir Starmer and our General Secretary, Christina McAnea, as well as a number of other UNISON and other speakers. 

I went to a lunch time fringe on "The digital trade union" organised by @digitcentre . I was late due to on online @unisonclarion meet on T&Cs. In that meeting with members we discussed setting up a WhatsApp group. When I arrived at fringe they were discussing merits of TU WhatsApp!

After close of Congress I went to a fringe on the new Governments proposed changes to employment rights run by ACAS. Fascinating discussions. I made a point that there is such a power imbalance at this moment between workers and employers (in favour of employers) and that we need the proposed changes to take place before we can really discuss improving the relationship and possible partnership between trade unions and employers. 

Thursday, August 11, 2022

UNISON-supported legal victory secures new holiday rights for all workers

 Supreme Court judgment guarantees minimum paid annual leave

All workers in the UK will now receive the same minimum level of paid annual holiday leave, regardless of how many hours they work, following a landmark legal judgment by the Supreme Court today (Wednesday).

The case, Harpur Trust v Brazel & UNISON, was taken by music teacher Lesley Brazel. She argued her employer was wrong to give her fewer days of annual leave than the legal minimum because she only worked during the school term.

UNISON got involved in the Brazel case because of its implications for thousands of school staff employed on term-time only contracts. The situation had previously been confused because of the absence of any government guidance on their holiday rights, says UNISON.

Thanks to the judgment, it will no longer be possible for employers to argue staff who don’t work all year are only entitled to holiday based on the hours they work. Today’s decision is also good news for anyone working irregular hours or on zero-hours contracts, says the union.

From now on, all workers will be due the same legal minimum of 5.6 weeks (28 days for full-time employees), even if there are months during the year when they don’t work. The Supreme Court judgment upholds a previous decision taken by the Court of Appeal in 2019.

Commenting on the judgment, UNISON general secretary Christina McAnea said: “This important decision means that anyone, no matter when or how they work, will now be due the same legal minimum of annual holiday.

“Teaching assistants or other education employees might only be contracted to work when schools are open, but they’re also sometimes required to do their jobs at other times.

“Today’s decision clarifies the law and says that annual leave taken by someone who works less than a full year can no longer be pro-rated to that of a colleague employed all year round.

“The government’s failure to provide guidance in this area has left workers in limbo with unscrupulous employers all too keen to take advantage. Once again this shows unions as a force for good and yet another example of how they strive to improve the lives of working people everywhere.”

Notes to editors:
-The Supreme Court judgment ensures leave must be paid at the rate of an ordinary week’s wages (or if pay varies every week, then an average of all the weeks worked in a year). Annual leave calculations are based on weeks, as a person can work a full week or part of one. The law says that someone working a full year is entitled to at least 5.6 weeks of annual leave (28 days for anyone working full-time hours in a week and this can include the eight bank holidays). The judgment means that an employee working all year, but say, for just two days a week is entitled to 11.2 days a year (2 x 5.6 weeks, so 2.24 weeks or 11.2 days).
 
-UNISON intervened in the case in 2018, ahead of a hearing at the Court of Appeal the following year. The case had previously been through an employment tribunal and employment appeal tribunal. The Harpur Trust applied to the Court of Appeal for permission to appeal. UNISON successfully led the arguments at the Court of Appeal that all workers are entitled to a minimum of 5.6 weeks of annual leave under statute, and this should be paid at the rate of an ordinary week’s pay. The Supreme Court has now upheld this decision and its judgment is here https://www.supremecourt.uk/cases/uksc-2019-0209.html

-UNISON is the UK’s largest union with more than 1.3 million members providing public services in education, local government, the NHS, police service and energy. They are employed in the public, voluntary and private sectors.

Tuesday, March 24, 2020

Coronavirus: your rights at work - UNISON advice as 24 March

Some really good advice from my union for all workers - If you work in or provide public services make sure you joining.unison.org.uk/join-unison-to
As the COVID-19 virus spreads, find out what your rights at work are.
Important update: New government guidance released on 23 March advises that everyone should stay at home and only go to work where this absolutely cannot be done from home.
For key workers who cannot work from home, issues and risks will vary depending on the sector you are working in, so UNISON has been proactive in negotiating jointly agreed advice in some sectors.

If you think you or someone you live with has coronavirus

What should I do if I think I have the symptoms of, or have had close contact with someone who has had, COVID-19?

For the latest information on symptoms, what you should do and how long you should self-isolate, see the “staying at home information” from NHS UK.
For additional information on coronavirus see list of resources below.

If I have to self-isolate, will I be paid?

The health secretary has sent guidance to employers telling them staff who have been asked to self-isolate are entitled to take the time as sick leave or special leave.
Although this would be good practice and has already been agreed for NHS staff, the majority of local government staff and some major contractors, this in itself doesn’t guarantee that staff will get sick leave or special leave as a matter of course.  If you are self- isolating but you are not sick, you may be expected to work from home, on full pay.
Speak to your UNISON branch if you are concerned your employer is not following the guidance.
If you live with someone who has symptoms of coronavirus, you can get an isolation note to send to your employer as proof you need to stay off work.  You do not need to get a note from a GP.

Sick pay for coronavirus

Statutory sick pay is now available from the first day you are off sick, and if you are paid less than £118 a week you will be able to access Universal Credit or Contributory Employment and Support Allowance more easily.
Unfortunately, if you’re on a zero-hours contract you are not entitled to statutory sick pay unless you can demonstrate that you earn at least £118 per week from your employer.
We are urging the government to help those on zero-hours contracts.
If you get contractual sick pay (a rate agreed by your employer), it’s good practice to ensure that such absence is not counted towards any sickness absence policy triggers points.
This has been agreed for NHS staff and the majority of local government staff (ie those covered by national joint council (NJC) terms and conditions.) A similar agreement is in place for local authority workers in Scotland whose terms and conditions are agreed at the Scottish joint council (SJC). UNISON Scotland issued an update on this in early March.

If you need to go to work

The government announced on 23 March that no one should travel to work unless absolutely necessary.  You should therefore work from home unless your job is essential to the operation of a key service and you cannot do it from home.
If it is absolutely necessary that you travel to work, the government guidelines issued on 23 March advise people to stay two metres apart from others. Your employer should put steps in place to:
Speak to your UNISON branch if you are concerned your employer is not following the guidance.
See the link to specific service group advice at the top of the page.
If you have underlying health issues or are pregnant please see additional advice below.

If you are affected by school closures or travel restrictions

Do I have to go to work if my children can’t go to school?

The government has announced that most children in the UK will need to stay home from school from 23 March.
If you need to stay at home to look after your children because of this, you are legally entitled to unpaid dependant leave.  However, many UNISON members will be entitled to paid dependant leave due to agreements negotiated with their employer.
Check against your own terms and conditions to see what your contract or talk to your UNISON branch if you are unsure what your rights are.
The children of key workers can continue to attend school.  The government has produced a list of key workers which includes those working in health, social care, childcare and early years, areas of local government, emergency services, transport and utilities.
If you think you are a key worker, confirm this with your employer and contact the school to let them know you will need to continue to send your child/children to school.

What if I can’t get to work because of transport closures?

There have been reductions to public transport in some areas and this may affect you being able to get to work on time or at all if you are a key worker.  If this is the case you should let your employer know.
Government advice is that people should work from home, unless it is ‘abolsutely necessary’ that they travel to work.  If home working really isn’t possible then your employer should agree flexible working hours to allow access to public transport, access to free parking or consider providing private transport, for example taxi.

If you are pregnant

If you are pregnant the government issued “strong advice” on March 16 that you should work from home, if possible.
On 23 March updated government guidance advised that all workers should stay at home and only go to work where this absolutely cannot be done from home.
Your employer should therefore consider allowing you to work from home. If your job is not suitable for home working then your employer should consider whether you can be temporarily re-deployed to a role that would allow home working for the duration of this crisis, on full pay.
If working from home isn’t an option then your employer should undertake a risk assessment to identify any additional steps they need to take, such as re-allocating some of your duties or providing you with additional personal protective equipment.
Local government employers have already acknowledged that in some cases they will need to allow staff who can’t work from home to stay at home on full pay. Download the local government circular here (PDF)
If your employer won’t let you to work from home please contact your local UNISON branch for help.
The government is advising pregnant women to be particularly stringent about ‘social distancing’.
You should avoid non-essential use of public transport, large gatherings and gatherings with family and friends, in addition to working from home where possible.

What if I’m pregnant and also have a heart condition?

The NHS will write to people who are pregnant and also have significant heart disease by 29 March with advice on “shielding” which is a way of protecting very vulnerable people from the virus.
The government is strongly advising people in this category to stay at home at all times and avoid any face-to-face contact for a period of at least 12 weeks from the day you receive your letter. The advice will include:
  • not leaving your home – you should not go out to do shopping, visit friends or family, or attend any gatherings
  • avoiding close contact with other people in your home as much as possible
The government advice means that you are strongly advised not to go to work.  Speak to your UNISON branch if you think you employer is not following the guidance.
If you are pregnant and also have a heart condition but you do not receive a letter by 29 March, contact your GP by phone.

If you are disabled, over 70 or have an underlying health condition

Can my employer refuse home working?

For people with an underlying health condition the government “strongly advises” that you work from home in guidance released on 16 March.
On 23 March updated government guidance advised that all workers should stay at home and only go to work where this absolutely cannot be done from home.
Employers should therefore consider allowing you to work from home if at all possible.  If your job is not suitable for home working then your employer should consider whether you can be temporarily re-deployed to a role that would allow home working for the duration of this crisis.
Local government employers have already acknowledged that in some cases they will need to allow staff who can’t work from home to stay at home on full pay.
If working from home isn’t an option then your employer should undertake a risk assessment to identify any additional steps they need to take, such as re-allocating some of your duties or providing you with additional personal protective equipment.
If your employer won’t let you to work from home please contact your local UNISON branch for help.

Will I need to stay in my home for a long time?

The government has asked everyone to reduce social contact.  This is called “social distancing”.
However, older and disabled people and those with underlying conditions are the most at risk from COVID-19.  The government says that those in the most at-risk groups (people who are instructed to get a flu jab) should be particularly “stringent” about social distancing.
If you have an underlying health condition the government strongly advises that you:
  • work from home if possible;
  • avoid non-essential travelling;
  • avoid large gatherings or those in small spaces, including pubs, clubs, restaurants, cinemas or theatres;
  • avoid gatherings with friends or family and instead use technology to stay in touch;
  • access GP services by phone instead of in person.
The government has also issued additional advice for people who are especially vulnerable to Covid-19 and you should check below if you are in this group.

What if I am at high risk of becoming seriously ill from coronavirus?

People who are at high risk include those who:
  • have had an organ transplant
  • are having certain types of cancer treatment
  • have blood or bone marrow cancer, such as leukaemia
  • have a severe lung condition, such as cystic fibrosis or severe asthma
  • have a condition that makes you much more likely to get infections
  • are taking medicine that weakens your immune system
  • are pregnant and have a serious heart condition
If you are in this group the NHS will write to you with advice by 29 March with advice on “shielding” which is a way of protecting very vulnerable people from the virus.
The government is strongly advising people in this category to stay at home at all times and avoid any face-to-face contact for a period of at least 12 weeks from the day you receive your letter. The advice will include:
  •  not leaving your home for a period of 12 weeks – you should not go out to do shopping, visit friends or family, or attend any gatherings
  • avoiding close contact with other people in your home as much as possible
The government advice means that you are strongly advised not to go to work.  Speak to your UNISON branch if you think you employer is not following the guidance.
If you think you are in the high risk category but you do not receive a letter by 29 March, contact your GP by phone.

What happens if I receive sickness or disability-related benefits?

The government has announced that face-to-face health assessments for sickness and disability benefits will be suspended for three months.
This means you should continue to receive PIP (personal independence payments), ESA (employment support allowance) and industrial injuries disablement benefit without having to attend a face-to-face appointment.
If you have an outstanding assessment appointment that has not been postponed please contact the phone number on the letter to make sure it has been postponed.

If you need protective equipment to do your job

If it is absolutely necessary that you go to work, it’s vital your employer provides you with the correct Personal Protective Equipment (PPE) to do your job safely.

If you’re worried about redundancy or paying the bills

What if my employer is considering layoffs or redundancies?

UNISON and other unions have been working with the government to make sure workers still get paid even if their employer is considering layoffs or redundancies. The government announced on 20 March that they will pay 80% of wage costs, up to a limit of £2,500 per month, as part of a new Job Retention Scheme to protect those at risk of redundancy or lay-off.
The Chancellor announced some details relating to the Job Retention Scheme on Friday 20 March 2020 – but we do not have the substance of the legislation at this time.
UNISON will issue detailed guidance once the details of the new legislation on this scheme are known.
So far we understand that the scheme will be backdated to 1 March and will last for three months.
To access the scheme employers will need to designate affected employees as ‘furloughed workers,’ and notify their employees of this change.
This will change the status of your employment relationship. This change in employment status for affected employees remains subject to existing employment law and, depending on the employment contract, may be subject to negotiation.
If you have been notified by your employer but are unclear then you should contact your UNISON Branch for advice.

Can I get help to pay my bills?

If you are on a low income you may be entitled to Universal Credit.
The government announced on 20 March that Universal Credit will be increased by £20 per week (£1,000 a year). Working Tax Credit will also be increased by £20 per week (£1,000 a year). The increase starts from 6 April.
You might also be entitled to more help with your rent. The government has announced that the Local Housing Allowance will be increased to cover more people’s rents.
UNISON’s charity There for You can also offer help if you are in financial difficulty.

If you need to work from home

What are my employers’ duties if I’m working at home?

Even if you are working from home your employer is still responsible for your health and safety while you are working.
Your employer should be ensuring that you have the correct equipment to do your job.  They should arrange regular check-in times with home workers and should ensure all team communication includes home workers.
In particular, your employer has to ensure your workload is at safe levels, provide you with support and ensure that you aren’t put under unreasonable stress.
The HSE provides guidance for employers on health and safety for home workers.

Coronavirus and your mental health

None of us have ever experienced a global pandemic before and, naturally, we feel worried and anxious.
The best thing you can do is to follow government advice on social distancing.
Try not to spend too much time following social media and beware of fake rumours that only cause panic. Important updates will be released on the government website.
If you have to stay at home for a prolonged time, use the telephone and technology to keep in touch with friends and loved ones. The Mental Health Foundation have produced a guide to protecting your mental health during the coronavirus crisis.
Remember that your employer is also responsible for ensuring your stress levels are managed if you are working from home.
If you have an existing mental health problem, it is very important that you look after yourself while in social isolation and that you continue to access medical support online or by telephone. The mental health charity MIND has produced a helpful guide which will be useful to anyone who has to practice social isolation.
Your employer may have an Employee Assistance Provider who can help.  Check with your employer/HR.
UNISON’s There for you charity can also provide signposting to emotional support.

Further information on pay, terms and conditions

Local government members in Scotland can download advice here.
There is general advice for members in Scotland from the Scottish government.

Wednesday, April 13, 2016

Another Europe is possible - UNISON backs campaign to stay in Europe

This afternoon I took part in a "once in a life time" debate and decision. The National Executive Committee of UNISON met in London and decided by an overwhelming majority to campaign for the UK to remain in the European Union. The  referendum will take place next month .

It was a passionate but largely good tempered and well argued debate. UNISON had carried out a 6 week consultation of members beforehan and there was an unusually high response. 95% of branches that responded supported staying in Europe and believed that UNISON should actively campaign to do so.

The protection of workers' employment rights was a key issue for Unison members. Especially our female members who make up 1 million of our 1.3 million membership who benefit the most from EU legislation on parental leave, paid holiday, protection for part-timers and limits on excessive hours. 

The European Union (EU) did come in for a lot of criticism even from those who supported staying in. Letting things stay as they are is not an option for anyone.

I argued in the debate that that it was no use criticising the EU and saying we should leave since it was a "capitalist club", because this is pointless since we already live in the a capitalist country and that we should reform both from within.

On a personal level I said why is it that I am the first male member of my family in 3 generations who has not had Germans trying to kill him or being sent to kill Germans? We should never forget that the EU was created to keep the peace between France, Germany and the UK.

Many people are rightly worried about international trade treaties between the EU and  the USA/Canada. But it is Labour MEPs and other progressives in the EU who are holding back the UK government in its attempt to allow the destruction of public services in these treaties. Does anyone really think that an EU treaty would be worse than one negotiated by either Osborne or Boris with regard to public services?

My final point was that the EU has been criticised with justification for its attitude and bullying towards Greece. I pointed out that last month I had been to a solidarity delegation visit to Greece and much to my surprise, I did not come across any activists, trade unionists or left wing politicians who wanted to leave the EU. The ones I spoke to wanted us to remain and work with us to change the EU.

Yes, another Europe is possible.

(I am an elected member of the UNISON NEC for Housing Associations and Voluntary sector workers. The NEC is the 65 strong UNISON "Parliament" that meets to decide issues and progress policy in between our annual National Delegate Conference).

Last week my UNISON branch passed this motion here http://grayee.blogspot.co.uk/2016/03/trade-unionists-for-in-tu4in.html and the website http://www.anothereurope.org/

Sunday, December 21, 2014

A Christmas Carol by the High Court

Scene:
Any solicitor’s office in the country (except the Strand).
Solicitor:
So, Ms Peasant you have been sacked because you are pregnant and you have come in for a free interview.  Typical of your sort if I may say so.
Client: 
It’s so unfair.  I want to bring a claim.  You do no win no fee don’t you?
Solicitor: 
WE do. The State doesn’t.  Tribunal fees are £1,200.00 win or lose.
Client: 
I haven’t got that sort of money!  I am unemployed.  I’ve been sacked.
Solicitor: 
Come, come now.  I am an employment lawyer.  I know the minimum wage is £6.50 an hour.  Easy to remember; it is one hundredth of what I charge – 200 hours work and you have the fee, unless we need to appeal.  Cut out the foreign holidays. Sack the nanny – she won’t be able to afford the fee to sue you.  My little joke!
Client:  
My Mum looks after the children.  We only just got by when I was working.
Solicitor: 
There I can help you.  You need to prioritise your spending.  The High Court has said so.  Eat your existing children – Swift said that and he was a clever man, but you peasants don’t read you just watch Sky.
Client: 
We don’t have Sky.  Murdoch is nearly as right wing as the High Court.
Solicitor: 
Go down the library and read Swift.
Client: 
They’ve closed the library.
Solicitor:  
Have an abortion.  Save you money and I might be able to get your job back.
Client: 
I don’t want an abortion.  Anyway they’ve closed the clinic.
Solicitor:
Find a rich man.
Client: 
I am married.  My husband was sacked for complaining about my treatment at work.
Solicitor: 
Oh then he has a claim as well then.  Another £1,200.00 mind.
Client:  
I’ve had enough!
Solicitor: 
I advise on the law; I don’t make it.  I want to read to you what the High Court said:
“The question many potential claimants have to ask themselves is how to prioritise their spending; what priority should they give to paying fees in a possible legal claim as against many competing and pressing demands on their finances?”
It goes on a bit but basically do you want to bring a claim or eat and feed and clothe your children?
Client: 
But no-one should have to make that choice in Britain in 2014.
Solicitor:  
That’s where you are wrong.  The court said:
“The question is not whether it is difficult for someone to be able to pay – there must be many claimants in that position – it is whether it is virtually impossible and excessively difficult for them to do so”.
Client:  
That’s wicked.
Solicitor: 
That’s the High Court. Lord Justice Elias is paid £198,674.00 and Mr Justice Foskett £174,481.00 so they know all about having to count the pennies.
Client:
Surely Labour will change all this.
Solicitor: 
Nope.
Client:  
I think I will vote for the Fascists then.
Solicitor:
They tried that in Germany. Didn’t do them much good. Nice rallies mind.
Client leaves.  Solicitor hums the Horst Wessel.  There is a muffled explosion.  The local court is in ruins.

Hat tip Daniel Barnett and Kerry Underwood

(My lesson number one - if you are in work and want justice at work, join a Union  http://www.tuc.org.uk/about-tuc/union-finder)

Saturday, January 12, 2013

The Employment Law Year Ahead 2013

Least we forget how much this Tory led government hates and despises the rights of ordinary working people. This post is based on an e-newsletter I read recently from a leading firm of UK Employment lawyers.

6 April

The Government has stated its intention to reduce the 90-day minimum period for collective redundancy consultation, replacing it with a shortened 45-day period.

Summer 2013

Last summer, the Ministry of Justice announced its intention to introduce employment tribunal fees in the summer of 2013. Final tribunal fee proposals include: an issue fee of £160 or £250, depending on claim; similarly, a hearing fee of £230 or £950; and an EAT issue fee of £400 and £1200 hearing fee. Tribunals will have the power to order the unsuccessful party to reimburse fees paid by the successful party and a fee remission system will operate for those who cannot afford to pay.

Evidence of pre-termination negotiations conducted with a view to agreeing terms for ending employment will become inadmissible in most unfair dismissal claims, except where the employer has acted improperly.

Finally, it should be noted that other proposals for change are also in the pipeline, for example, a consultation on TUPE and reform of the Working Time Regulations. However, firm details are still awaited.

We are stuffed. Yet this will also mean that workers will realise that the law will not protect them at work and the only force that can - are trade unions.

Friday, April 09, 2010

"Modern Day Slavery" UK 2010


I am amazed that this completely illegal and despicable behaviour by a British company towards migrant workers has not been more widely reported. Or perhaps not - since reporting about employers, who ignore the minimum wage, discriminate against foreign workers and want to get rid of employment rights could be seen as unfairly promoting Conservative Party economic policies?

Check out the EHRC press release here

"Polish students awarded £25,000 in discrimination and unfair dismissal case 06.04.10

Two Polish workers have been awarded a total of £25,000 in an employment tribunal case against a Perthshire fruit picking company. The tribunal found against David Leslie Fruits on the grounds of race discrimination, dismissal for asserting a statutory right and unlawful deductions from wages. Central Scotland Racial Equality Council (CSREC) were able to provide the successful claimants with legal representation using legal grant funding from the Equality and Human Rights Commission. The Commission fund CSREC to provide advice and representation relating to discrimination.

Polish students Michal Obieglo and Tomasz Kowal lived on-site at David Leslie's Scones Lethendy farm last summer. During the hearing, the Tribunal heard evidence about the horrendous conditions the students were housed in during their time at the farm, sleeping in a converted metal container with no running water, and sharing twelve showers between almost 200 people. Additionally, there were discrepancies relating to rates of pay, underpayment of wages, incorrect payslips and incorrect deduction of tax.

When Mr Obieglo and Mr Kowal approached David Leslie on behalf of their colleagues with their concerns, they were threatened with dismissal and given a written warning. Mr Obieglo and Mr Kowal contacted the Citizen's Advice Bureau in Perth and continued to raise their concerns with their co- workers. They presented a petition to David Leslie with 145 signatories on it and were dismissed that day, allegedly for stealing fruit.

This accusation was without foundation and prompted a general strike. David Leslie then gave a personal pledge that the concerns of his employees would be addressed, and Mr Obieglo and Mr Kowal were re-instated. However, the next day, both men were asked to report to David Leslie's office, where they were met by police officers and escorted from the premises. Their belongings were withheld until they had bought a bus ticket to Edinburgh.

In the written judgement, Employment Judge Hosie said: 'There is no doubt that the discrimination in this case was serious. It caused the claimants' considerable distress, leaving them at one point in the situation where they feared they would be left stranded and homeless in a foreign country with no money to get home, or even imprisoned for an offence which had been fabricated. Their hopes of spending a pleasant summer picking fruit in Scotland and earning some money to assist with their University educations turned into a nightmare. They were treated appallingly, without any common decency or respect, and left frightened and humiliated.'

CSREC caseworker Richard Pitts described his clients' treatment as 'modern day slavery'. He added:
'Mr Leslie would not have dared treat Scottish people the way he treated my clients. He thought he could get away with it because they were Polish and didn't know their rights. That was the reason the Tribunal found his actions to constitute race discrimination'

Ros Micklem, Equality and Human Rights Commission Scotland Director said: 'This case highlights the clear mistreatment and exploitation that migrant workers can face. Too often workers from overseas are treated badly, on the assumption that they will simply put up with substandard conditions and illegal pay. We hope that it sends out an important message to employers in Scotland. Discriminating against people because of their race or nationality is not only wrong it can also lead to tough financial consequences.'

Mr Obieglo said 'The reason I want people to hear about my experiences is so that other foreign workers know their rights and know how to assert them - I want to be an example for people to follow.'

Picture “Brothers of the Sun” by Luana Boutilier which is about fellow exploited fruit pickers. 

Hat-tip thingy Col. Roi.