In June 2023, the East London Employment Tribunal heard three test cases of NUPFC Foster Carers responsible for caring for children placed with them by the London Boroughs of Waltham Forest, Bromley, and Haringey, respectively.
21 January 2025
The wait is over.
We have a judgment in the Foster Care employment rights challenge. Foster carers have been eagerly awaiting this judgment, which is significant across various areas of law, including constitutional, public, family, contract, and EU law. It highlights how these fields are interconnected, with employment rights at the forefront.
Judge Crosfill says that under human rights law, foster carers are entitled to bring claims to the employment tribunal for discrimination and whistleblowing.
However, the tribunal is still bound by the outdated 1998 Court of Appeal decision in the case of W v Essex, meaning it cannot overturn that ruling. Therefore, this case will be taken to the Supreme Court to seek a potential reversal of that decision.
Read the judgment below.
More updates will follow.
24 May 2024
The Employment Tribunal heard the legal submissions of all parties on 6-8 February 2024, and we await the judgement from Employment Judge Crosfill sitting at East London Employment Tribunal.
Foster Carers are classified as neither workers nor employees, meaning they are denied fundamental employment rights. The National Union of Professional Foster Carers (NUPFC) are the first Foster Carers' union to challenge the Government in 25 years.
First Foster Carers' union to challenge the Government in 25 years.
In 1998, a case in the Court of Appeal called 'W v Essex' ruled that Foster Carers did not work under a contract. This left those who looked after and accommodated the country's most vulnerable children without employment protection. Our members are now attempting to overturn that decision.
Claims such as race discrimination and whistleblowing in the Employment Tribunal are not available to Foster Carers. NUPFC says this is a breach of their Human Rights.
In June 2023, the Tribunal heard many of the common problems Foster Carers face when asking to improve their working lives. The Foster Carers said that despite working 24/7 to care for the children, most do not get holiday pay. Robin Findlay, the founder of NUPFC, says there is a massive shortage of Foster Carers, so carers who can give respite to allow full-time carers to rest are few and far between. The necessity of rest is not written into policy, meaning many carers go without any time off, including when sick. He also said, "when advocating for a child, the constant threat of Standard of Care investigations and the removal of the child are used to keep the carer quiet and often confine carers to work and live in distressing environments that subsequently impact the child in their care.”
The Equality of Human Rights Commission support the claimants.
The claimants hold the Government accountable for Foster Carers' lack of employment rights. The Secretary of State for Education has intervened in the legal action. The argument that Foster Carers look after the children for "love, not money" does not fit the real world in 2024. NUPFC says Foster Carers can do both.
This critical test case would not have been possible without the fantastic hard work and dedication of everyone at NUPFC and the legal team. No other lawyer has mounted a serious human rights legal challenge to the lack of foster carers' employment status for 25 years. We are the first.
We instructed two barristers, Rachel Crasnow KC [link to bio] and Christopher Milsom [link to bio], who have fought tirelessly to speak up for Foster Carers.
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