header-logo header-logo

Foster carers: neither employees nor workers?

31 March 2021 / John Bowers KC
Issue: 7927 / Categories: Features , Employment , Child law , Public , Tribunals
printer mail-detail
44722
Is the role of the foster carer slowly shifting? John Bowers QC considers the evidence
  • To what extent can foster carers be considered employees or workers? Recent cases considering this question are confined to their own facts, but a shift may be occurring.

The Employment Appeal Tribunal (EAT) in Scotland in Glasgow City Council (appellant) v Johnstone and another (respondents) [2020] IRLR 908 considered a particular type of foster carer, and found that they were employees. This decision reflects a divergence from the long-established position in England (where there are several further cases awaiting judgment), but can be explained on the rather specific facts of the case.

Previous UK foster carer cases

The previous UK case law on ‘mainstream’ foster carers has been consistent over many years in confirming that they are neither employees nor workers, although primarily this is on the basis that the relationship was entirely regulated by statute. The absence of a contractual relationship between the foster carer and the local authority

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll