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Employment: Migrant Workers

Volume 711: debated on Monday 1 June 2009


Asked by

To ask Her Majesty's Government what action they will take to implement the High Court judgments of April 2008 and April 2009 regarding the settlement criteria for highly skilled migrants. [HL3487]

The UK Border Agency formed a new policy in July 2008, in order to implement the High Court judgment of April 2008.

Following the subsequent High Court judgment concerning the change in the qualifying time period for settlement, which was handed down on 6 April 2009, the court has given the UK Border Agency until 20 May 2009 to form a further new policy. This new policy will be published on the UK Border Agency website.

Asked by

To ask Her Majesty's Government what conclusions they draw for improving the protection of foreign domestic workers from the decisions of the Employment Tribunal in the cases of Awan v Shariff and Salleh (case No 3302759/2007, judgment on 1 August 2008) and Asuquo v Gbaja (case No. 3200383/ 2008, judgment on 2 January). [HL3690]

It is for the tribunals to decide whether UK employment protection legislation applies to foreign domestic workers in particular cases. It would be inappropriate to comment on their decisions, but we note that the applicants in the cases cited were successful in, for instance, asserting their right to the national minimum wage.