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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll