Two Nigerian migrant workers brought proceedings against their employer for a catalogue of abusive behaviour including breaches of the minimum wage. They brought proceedings against their employer for breach of the Equality Act in that they had been discriminated against on the grounds of their nationality.
The Supreme Court found that they had been discriminated against not on the basis of their nationality, but on the grounds that they were vulnerable migrants. They were not protected under the provisions of the Equality Act.
There is a gap in the legislation to protect these vulnerable people, and in her Judgment Baroness Hale in the Supreme Court said that parliament might wish to consider amending Section 8 of the Modern Slavery Act so that compensation can be given for ill treatment meted out to vulnerable migrant workers.
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Author: Gareth Price, Email: