header-logo header-logo

31 March 2021 / John Bowers KC
Issue: 7927 / Categories: Features , Employment , Child law , Public , Tribunals
printer mail-detail

Foster carers: neither employees nor workers?

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll