The Employment Appeal Tribunal is beholden to an appeals court call from 1998
Foster carers will be looking to escalate a legal battle for their employment rights to the UK Supreme Court, reported the Law Society Gazette.
They are applying to the Employment Appeal Tribunal this week. The claimants’ representatives are aiming to seek permission to circumvent the typical path through the EAT and Court of Appeal.
Jacqueline McGuigan, a solicitor with London’s TMP Solicitors, highlighted the application as a landmark step in the foster carers’ longstanding fight.
“This application, if granted, would mark the first instance of such a procedural step in the context of foster carers’ employment rights,” McGuigan said in a statement published by the Gazette. “The foster carers’ case raises significant questions regarding the employment status of foster carers under UK law, with potential implications for thousands of individuals providing foster care services across England.”
She explained that the group of foster carers considered their concerns to be “of such public importance and legal complexity that they warrant immediate consideration by the Supreme Court.”
In three test cases presented before salaried employment judge of the employment tribunals John Crosfill, the foster carers claimed that they were stood down or had children taken from their care as a result of whistleblowing complaints or age-based discrimination. The judge had decided on first instance that per human rights law, foster carers had the right to file claims to the employment tribunal for discrimination and whistleblowing.
According to the campaigners, granting carers the ability to speak up without fear of personal consequences would also help the children under foster care. On estimate, the court’s ruling will impact over 57,000 foster carers.
UK Equality and Human Rights Commission chair Kishwer Falkner confirmed the commission’s backing of the case.
“We supported this case to allow the tribunal the opportunity to clarify a significant grey area when it came to the rights of foster carers. Foster carers provide a key service, offering a loving home to children who need it most. They are rightly paid for the essential work they do,” Falkner said in a statement published by the Gazette.
However, the tribunal is beholden to the Court of Appeal’s 1998 ruling in W v Essex, which determined that no contractual relationship existed between a foster carer and the local authority. The secretary of state is also appealing the EAT’s ruling.
