28 June 2024
[…] Midwife students told NHS officials there was a “disregard” from some midwives towards black and brown-skinned women, particularly where English was not their first language, and said women who could not speak English were left without interpreters.
[…] The same mother asked for an interpreter and was told by a staff member “I think you understand enough, no need for an interpreter.”
Ms Ockenden has also repeatedly raised the issue of poor interpretation services at NUH. […]
27 Jun 2024
Translator agency, Thebigword, with £15m government contract denies workers holiday pay and minimum wage
A translator agency holding a £15 million government contract is accused of denying interpreters and translators their rightful worker benefits, according to law firm Leigh Day. The firm represents interpreters and translators working for thebigword, arguing that these individuals should be classified as workers and thus entitled to holiday pay and at least the minimum wage.
In the UK, employment status is categorised into employees, workers, and self-employed independent contractors, each with different rights. Currently, thebigword classifies its interpreters and translators as self-employed independent contractors. However, Leigh Day contends that due to the nature of the company’s engagement process—including a detailed recruitment procedure, provision of branded equipment, fixed pay rates, and restricted ability to substitute others—these individuals should be classified as workers.
Thebigword, headquartered in Leeds, offers telephone and face-to-face interpreting and translation services to various government bodies, including the Ministry of Justice, Department for Work and Pensions, Home Office, Ministry of Defence, Probation Service, UK Border Force, NHS, HM Revenue and Customs, local authorities, and emergency services.
Leigh Day believes these translators and interpreters may be entitled to compensation for back pay. However, the company will only be legally required to compensate those who have filed a claim. Leigh Day is handling these cases on a ‘no win, no fee’ basis, meaning claimants will not incur costs unless their claim is successful.
A translator, referred to as Aman, has been with thebigword for seven years without any pay increase. He shared his experience, noting discrepancies between his pay and that of thebigword representatives, despite increased client charges. Aman also highlighted operational issues, such as being given incorrect job addresses and facing burdensome administrative processes for submitting timesheets, which result in delayed payments.
Aman expressed his frustration, stating, “There have been times when I’ve gone to a job, and they’ve given me the wrong address. I’ve travelled for two hours or so to get to the job and I can’t do what I’ve been hired to do because I’m in the wrong place, so I lose out on the money for that job. They have no leniency when interpreters make errors, but when the error is theirs it’s a different story. You also don’t get paid the same month as doing the work—you get paid at best 60 days after the job has been invoiced."
Gabriel Morrison, a solicitor in Leigh Day’s employment team, criticised thebigword's practices, saying, “Companies like thebigword who rely on ‘gig’ workers should not be exploiting the system by denying them the rights they are entitled to. Thebigword prides itself on being one of the largest language service providers globally, and clearly the translators and interpreters it works with are key to that success and should be paid fairly."
Morrison emphasised the additional stress of not receiving fair wages during the cost of living crisis and expressed hope that a group claim would prompt thebigword to address these issues urgently.
27 June 2024 by Monidipa Fouzder
Court interpreter supplier faces group action over employment rights
The language services company contracted to provide courtroom services faces a fresh headache after it emerged that interpreters and translators are joining forces to potentially bring a group claim over employment rights.
Thebigword has been busy in recent weeks addressing a long list of grievances raised by interpreters over the company’s new booking system. On Monday, high-profile firm Leigh Day announced it is acting on behalf of interpreters and translators who believe they should be treated as workers and given appropriate rights under employment law, including holiday pay and at least minimum wage. Interpreters and translators are currently classed as self-employed contractors.
Leigh Day said interpreters and translators should be classed as workers because of the way thebigword engages them. For instance, they have to undergo a detailed recruitment process, they are assigned their own specific photo ID badge, their rate of pay is fixed, they are limited in their ability to substitute others to do their work, and thebigword generates their invoices.
Translators and interpreters could be entitled to compensation in the form of backpay, Leigh Day said, but thebigword would be legally required to compensate only those who have brought a claim.
Gabriel Morrison, a solicitor in Leigh Day’s employment team, said: ‘Companies like thebigword who rely on “gig” workers should not be exploiting the system by denying them the rights they are entitled to. thebigword prides itself on being one of the largest language service providers globally, and clearly the translators and interpreters it works with are key to that success and should be paid fairly.
‘From speaking to our clients, I know the added stress that not receiving a reasonable wage puts on them, especially during the ongoing cost of living crisis. There is strength in numbers and our hope is, that by launching a group claim, thebigword recognises that they need to address the issue urgently.’
One of Leigh Day’s clients, whose hourly rate has not increased in the past seven years, is quoted in Monday’s announcement. The client said thebigword gives interpreters and translators 28 days to submit a timesheet for face-to-face work. 'You also don’t get paid the same month as doing the work - you get paid at best 60 days after the job has been invoiced,' the client said.
Leigh Day, which is working on a no win, no fee basis, has 15 clients so far but expects more to join following Monday’s announcement.
A spokesperson for thebigword said: ‘We have a great partnership with our interpreters, who overwhelmingly enjoy the working arrangements we have with them.
‘Our contracts are reviewed by leading employment lawyers who confirm they are entirely appropriate for self-employed freelancers. Our interpreters can work around family and caring commitments, as well as religious holidays, set their own hourly rates and work for others as desired.
‘There are considerable benefits to the current working arrangements which our interpreters appreciate and understand. These would be put at risk should this claim receive support.’
