Glasgow foster carers win tribunal case

A ruling that people providing team foster care are classed as council employees is “a significant decision reflecting the valuable service that foster carers deliver”, according to a Scots lawyer involved in the case.

Robert Holland, of Balfour+Manson, represented James and Christine Johnstone in their case against Glasgow City Council.

The Johnstones, who have fostered five different children, claimed they suffered an unlawful deduction to their wages after not having a child placed with them for a year. They argued they should have the same rights as all council staff and an Employment Tribunal found in their favour.

Foster carers sign an agreement with councils but formerly this was not deemed an employment contract. Mr and Mrs Johnstone want compensation for the withdrawal of wages, but need to be regarded as council employees to do so.

Mr Holland said: “The tribunal found there was a de facto contract between the Johnstones and the council and that the Johnstones are therefore employees.”

He added: “The ruling noted that the council was enforcing contractual obligations by their ‘no work, no pay’ policy and that the level of control and mutual obligations meant they were clearly employees.”

Mr Holland stressed that the ruling applied at this stage only to a distinct category of foster carers, but noted: “This is obviously a significant decision reflecting the valuable service that foster carers deliver My clients carry out a very important job in society, and the tribunal has decided they should receive the same employment rights as others in full-time work.”

The case will now go forward to a final hearing, specifically on the wages issue.

The Johnstones were supported by the Independent Workers Union of Great Britain.