Jurisdiction(s):
United Kingdom

Employment Tribunal: Foster carers can bring discrimination and whistleblowing claims; Working Time rights rejected; W v Essex still blocks worker status absent contract

Published on: 05 February 2025

Published by a Law360 reporter

Legal News

Article summary

Oni and others v London Borough of Waltham Forest and others (Case Nos 3204635/2021, 2300852/2022 and 3302687/2022)

Judge John Crosfill held that stopping three women—Pauline Oni, Paulette Dawkins and Angela Reid—from suing the London councils that placed children with them for alleged discrimination is “an unjustified interference” with their rights to freedom of expression and privacy.

In a judgment dated 2 January 2025 and released on 29 January 2025, he determined that foster carers cannot invoke European case law to secure daily respite or annual leave from their responsibilities. He ruled that the 24/7 nature of the role is incompatible with much of the protection in the 2003 Working Time Directive. Bound by the Court of Appeal authority W v Essex County Council [1998] 3 All ER 111, he concluded foster carers do not serve under a contract of employment.

However, the judge found they fulfilled other criteria associated with worker status:

They may work for only one fostering service at any time;
They must deliver their services personally;
They have no real ability to negotiate their pay;
They are not operating a business on their own account...

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