Foster carers win landmark ruling on employment rights
TWO foster carers have won a landmark ruling after losing wages during a year-long spell when they had no child to look after.
James and Christine Johnstone raised employment tribunal claims seeking compensation in part for what they alleged was unlawful deduction of their wages.
Glasgow City Council said the tribunal did not have jurisdiction to hear the claims because the husband and wife were neither employees nor workers providing a service to the local authority.
At present, foster carers sign an agreement with councils, but this is not deemed to be an employment contract.
However, the employment tribunal ruled in Glasgow yesterday that the couple were employees of the council and that it can hear their case.
Earlier this year the Johnstones told the BBC they wanted compensation for withdrawal of wages but needed to be regarded as employees in order to do so.
In the ruling, employment judge Ian McFatridge said: ‘What is of considerable weight is the mutuality of obligation and the very high degree of control which is exerted over the claimants in carrying out their duties.
‘It appears that the respondents [the council] are under a duty to offer work and the claimants are under an obligation to do it.’
However, in making his decision, the judge also stressed: ‘I am not in any way making a finding about the status or ordinary mainstream foster carers.
‘What I am saying is that on the basis of the facts in the current case, the claimants were employees of the respondents.’
The Independent Workers Union of Great Britain (IWGB), which was involved in the case, described it as a landmark ruling and a massive victory for employment rights for foster carers.
IWGB general secretary Jason Moyer-Lee said: ‘This is a massive victory for employment rights for foster care workers.
‘We would encourage Glasgow City Council to accept the decision and take immediate steps to rectify their unlawful behaviour. Other local authorities should take note.’
Glasgow City Council now has the opportunity to appeal the decision.
A spokesman for the local authority said: ‘We are considering the terms of this decision and it would be inappropriate to comment on this specific claim at present.
‘However, we do note that the employment judge has explicitly made clear that his findings in this case do not extend to the status of mainstream foster carers.’