1. Skip to navigation
  2. Skip to content
  3. Skip to sidebar

Are foster parents employees?

The Edinburgh Employment Appeal Tribunal has considered this yesterday.


In 2017, the Glasgow Employment Tribunal found that foster parents, Jimmy and Christine Johnstone, were employees of Glasgow City Council. This meant they should benefit from the same employment rights and protections as other Council workers.


The Tribunal based its decision on a number of factors including the following:
• The Johnstones were obliged to personally perform the foster care work;
• In exchange they were paid £32,000 per annum;
• They were allowed paid holidays;
• It was a condition of the agreement that neither of them took other work without the Council’s consent;
• There was a requirement to submit a daily parental report which indicated a degree of day-to-day control;
• The Johnstones were also required to attend weekly meetings; and
• They had no real discretion as to how the work they were required to do should be undertaken.

The Tribunal found that the degree of control was such that the claimants were employees of the Council working under a contract of service.

Glasgow City Council appealed against the Tribunal’s decision and the appeal was heard this week by the Employment Appeal Tribunal. The case is adjourned whilst Lord Summers considers his judgment.

Are foster parents employees?

ACAS publishes “Menopause at work” guidance as World Menopause Day celebrates its tenth anniversary

The newly published ACAS guidance comes as a timely reminder of the impact the menopause can have on women's everyday lives and suggests a number of measures that employers can adopt to support staff.
Read more »
ACAS publishes “Menopause at work” guidance as World Menopause Day celebrates its tenth anniversary

The suspension of a teacher alleged to have used unreasonable force with pupils was not a repudiatory breach of contract.

In the recent case of Mayor and Burgesses of the London Borough of Lambeth v. Agoreyo [2019] EWCA Civ 322, the Court of Appeal was asked to consider whether the suspension of a primary school teacher pending an investigation into alleged misconduct amounted to a repudiatory breach of the implied term of trust and confidence.
Read more »
The suspension of a teacher alleged to have used unreasonable force with pupils was not a repudiatory breach of contract.

What is the IR35 regime and why does it matter?

The IR35 regime was introduced by HMRC to avoid individual contractors escaping paying tax as an employee by operating through a personal service company.
Read more »
What is the IR35 regime and why does it matter?