Home Office Rules Are Not A Blank Cheque For Differences In Pay

A recent Employment Tribunal decision is a useful warning for employers who sponsor overseas workers, particularly in the care sector.

In G. Gharabli v Cedar Hope Care Services Ltd, the Tribunal considered a pay arrangement under which overseas support workers on Skilled Worker visas were paid £12.31 per hour, while UK-based support workers who did not require sponsorship were paid less. At the relevant time, the claimant was paid £11 per hour, while overseas colleagues in support worker roles remained on £12.31 per hour.

The employer’s explanation was straightforward. Sponsored workers had to be paid at the minimum level required under Home Office rules. The pay difference, it said, reflected the need to comply with immigration rules, not discrimination. It also argued that overseas workers had additional responsibilities.