Landmark case

Earlier this year, a tribunal heard the case of Erin Ong — a Malaysian woman with no legal right to work in the UK. She had entered the UK on a visitor's visa but found work as a financial manager and receptionist at the Fisherbeck Hotel in Ambleside, Cumbria. She worked for 36 days in summer 2023 before being dismissed via a WhatsApp message. She had no formal employment contract, no payslips, no wages were ever paid, and the hotel kept a copy of her passport – all strong indicators of labour exploitation. 

The judge found that her employer knew she lacked a work visa before she arrived in the UK but had misled her about how to apply for one and failed to carry out proper right to work checks.   

Because she had no valid work visa, the judge ruled that her contract of employment was tainted by illegality, meaning her claims for unfair dismissal, unpaid wages, notice pay and holiday pay could not proceed. However, several of her discrimination claims, based on her disability, race and sex, were upheld.  

Under the Equality Act 2010, Erin Ong is a disabled person due to her asthma. However, she was made to carry out housekeeping duties involving dust, feather pillows and cleaning chemicals, despite her employer knowing these jobs worsened her condition. When she was dismissed from the job, she was told to hand over her passport before any wages would be paid — a requirement that the hotel did not impose on any other staff. These actions led the judge to rule that her disability, race and sex discrimination claims were valid. 

The Home Office carried out two visits to the hotel in January and April 2024, identifying six illegal workers. During the April visit, one worker reported receiving “one meal for one day, the residue from the customers’ food only” as payment for her labour and other workers were found hiding in laundry rooms or cupboards, suggesting fear, coercion, and control — all indicators of exploitation and modern slavery.  

The case shows how illegal working often overlaps with exploitation and vulnerable workers are often subject to low pay, unsafe conditions, and coercive control. It also has major implications for hospitality employers, especially those relying on migrant labour, agency workers, or informal recruitment.  

Our reflections

Ms Ong’s victory (she represented herself throughout the six-day hearing in Manchester) demonstrates that workers with no legal right to work can still sue for discrimination, which means employers cannot rely on immigration status as a shield against liability. Employers cannot assume that an “illegal worker” has no legal protections and need to know that discriminatory treatment will still be judged under the Equality Act 2010, regardless of visa status.

We recognise Ms Ong's strength in reporting her situation, and that her knowledge of rights helped her to defend herself against and speak up about further abuse. This was an interesting and recent example of exploitation in the hospitality industry which shows how easy it is for a few issues of 'non-compliance' in employment to become more serious breaches of rights in the UK. 

Worker rights

Remember, as an employee, you are entitled to:  

• Fair and equal treatment  
• Written confirmation of main terms and conditions of employment 
• Be paid the minimum wage  
• A wage slip  
• Have only what is legal and fair deducted from pay  
• Safe working conditions  
• Safe accommodation (if applicable)  
• Paid holidays  

If some of these are missing from your list, your employer may be exploiting you. 

 Have you:  

• Been forced to work against your will?  
• Not been paid the agreed amount for your work?  
• Had your identification documents taken away?  
• Been treated badly by your employer or agent? 
• Been deceived or misled?  
• Been threatened, or subject to sexual harassment? 
• Been under constant control?  

If this is happening to you, you may be in forced labour. Forced labour is a crime. To find out more about worker rights or how to report labour abuse or exploitation, go to https://www.gov.uk/government/organisations/fair-work-agency