Foster carer applies to Employment Tribunal for workers' rights...

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12 October, 2017

Louise Goss
Senior Associate

On 9 October 2017 it was reported that foster carer, Sarah Anderson has lodged an employment status and unpaid holiday claim with the Employment Tribunal against Hampshire County Council. In what could possibly be a landmark case, Ms Anderson wishes to obtain 'worker' status for foster carers. 

A 'worker' in accordance with the legal definition is defined as an individual who has a contract or other arrangement to work or offer services in return for what is usually a financial reward. Workers are also entitled to certain employment rights, such as the National Minimum Wage, holiday pay and protection against unlawful discrimination.

In conjunction with this, we are of course still awaiting the outcome of the NA -v- Notttinghamshire [2015] EWCA Civ 1139 appeal, as to whether Local Authorities can be held vicariously liable for the acts or omissions of their approved foster carers. Therefore, even when the Supreme Court rule on NA it appears that the issue will continue to rumble on until the Employment Tribunal rules and any appeals from that are heard.

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