Abstract
The problems faced by Overseas Domestic Workers (ODWs) in the United Kingdom (UK), have their root in immigration and employment laws that exclude them from almost all the benefits available to other workers. This paper examines failed government policies, ambiguities in employment law and how the justice system has been failing ODWs. Using case studies and document analysis methods, this paper found that domestic work is hardly recognised as ‘any other job’. Where ODWs are recognised as workers, they are often excluded from labour protection. Due to various intrinsic and extrinsic factors, ODWs are vulnerable to exploitation and abuses at an unimaginable level. They also lack the capacity and means of protecting themselves. The inseparable link between employment and immigration creates hurdles for migrant domestic workers to cross in order to achieve justice, increasing the risks of human trafficking and modern day slavery. The current changes to the UK immigration policy and rules put the future of ODWs in a complete state of disarray, especially those admitted from 4th April 2012 onward. This paper advocates a review of the policies towards ODWs, the protection against discrimination, and the implementation of international framework to safeguard domestic workers.
Keywords: Domestic workers, migration, vulnerability, precarious employment, legal protection, access to justice, globalisation.