Legal challenge could result in ‘a seismic change to the UK care system’

A bid to give foster carers the same rights as other council workers, including holiday and sick pay, could be heard in the highest court in the land.

Campaigners last month attempted to get an Employment Appeal Tribunal judge to leapfrog the case to the Supreme Court.

The bid is being spearheaded by three London foster carers who claim they have suffered discrimination by their local authority.

But because of their status as independent contractors without an employment contract, they were told they had no rights to challenge their treatment.

Under current law, established by the 1998 W v Essex County Council case, independent contractors can be hired or fired without recourse.

The foster carers are challenging this, claiming it’s a denial of their human rights.

A significant victory was won in January this year when a tribunal judge determined they have the right for discrimination and whistleblowing claims to be heard at an employment tribunal.

The ruling is being contested by the three London local authorities and the secretary of state for education. 

Jacqueline McGuigan, of TMP Solicitors which is representing the three foster carers, said: “This case has significant implications for foster carers nationwide, potentially affecting rights to national minimum wage, holiday pay and discrimination. 

“If foster carers are found to be workers by the Supreme Court this would be a seismic change to the UK care system as we know it.”

The secretary of state’s counsel argue that the case should be considered by the Employment Appeal Tribunal first before going to the Supreme Court.

A verdict is expected in the next few weeks.