MIGRANT workers’ claims of forced labour and dangerous conditions at a Malaysian factory producing many Dyson electrical goods will be heard at the High Court next week.

The 23 Nepalese and Bangladeshi ex-employees and the estate of one deceased worker have accused Dyson Group of civil negligence.

Their allegations include being paid less than $10 (£7.82) for 18-hour days while being subjected to false imprisonment, assault, battery, cruel and degrading treatment and exposure to extremely hazardous working conditions and abusive living conditions. 

Today their lawyers Leigh Day said they will argue that Dyson knew about the unlawful conditions at the ATA Industrial factory in Johor since at least November 2019 when they were notified by a whistleblower. 

A spokesman said: “In their legal claim the workers argue that Dyson was unjustly enriched as a result of the unlawful, exploitative and dangerous conditions at the factory.

“They argue that Dyson is liable for the breaches of their legal rights due to the company’s knowledge of the alleged unlawful practices at the ATA factory and because of their assumption of responsibility through numerous public statements regarding their policies and procedures for detecting and preventing forced labour and exploitation in their supply chains.”

One of the claimants, Dhan Kimba Limbu, said: “The abuse I have faced has caused me a great deal of pain and distress.

“I thought by showing the conditions we were facing at the ATA factory, Dyson would take steps to help the workers, but instead I was punished. I hope that now Dyson will listen to the issues the workers have faced and take action to help us rebuild our lives.”  

The legal claims are against three Dyson companies within the Dyson Group: Dyson Technology Limited and Dyson Limited, based in Malmesbury, and Dyson Malaysia in Johor Bahru near to the ATA Industrial factory.

A High Court judge will decide on whether the case will be heard in England's courts in a three-day hearing starting next Monday. Dyson argues it should be heard in Malaysia. 

Leigh Day partner Oliver Holland said: “The allegations and Dyson’s attempts to prevent them being heard in the UK now that it is freed from EU convention sullies the name of British manufacturing.”

A Dyson spokesperson said: “This opportunistic, no-win, no-fee legal action by Leigh Day is being brought against the wrong company in the wrong jurisdiction. This hearing is not about the claims, rather which jurisdiction it is heard in.
 
“These workers were never employed by Dyson. They worked for ATA, which is a large publicly listed Malaysian manufacturer which operates in Malaysia, under Malaysian management.
 
“The workers in question have full and fair access to justice in Malaysia which has a strong judicial system derived from English Common Law. It is arrogant and wrong to argue that Malaysia’s Courts are not capable of hearing this case. Dyson has acted appropriately at every stage, and will robustly defend itself in this opportunistic action brought by Leigh Day.”