Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Case lawCollective bargainingLocal authoritiesLatest NewsTrade unions

Court of Appeal rules foster carers can unionise

by Rob Moss 16 Apr 2021
by Rob Moss 16 Apr 2021 Insta_Photos / Alamy
Insta_Photos / Alamy

Foster carers are “workers” and have the right to unionise, according to a ruling today by the Court of Appeal.

The Independent Workers’ Union of Great Britain (IWGB) is now calling on Parliament and the Supreme Court to intervene and update legislation in line with the judgment as it fell short of guaranteeing basic conditions for foster care workers and is limited to the right to unionise.

Collective bargaining

Trade union recognition

How to negotiate terms and conditions with a trade union

Foster carers are council employees, finds EAT

In the National Union of Professional Foster Carers vs the Certification Officer, judges ruled that foster carers were in an employment relationship for the purpose of Article 11 the European Convention on Human Rights.

This allows foster carers the right to join and form a trade union and to collective bargaining. Not being able to join and form a trade union, said the judges, interfered with foster carers’ rights under Article 11 and there was no justification for such interference.

Kenny Millard, chair of the IWGB’s Foster Care Workers Branch, said: “This is a crucial victory for foster care workers across the UK. It is the result of years of union organising and grassroots pressure. The path is clear – we must use this right to trade union recognition by continuing to grow union involvement in the sector.

“Together we’re stronger. The more people that join the Foster Care Workers’ Branch, the more opportunity we’ll have to follow through on the path set by this ruling. This is a massive step in the right direction and is evidence of what can be achieved when workers unite and fight.”

The ruling potentially has far-reaching consequences for children’s social care organised by local authorities and other fostering agencies.

Last year, an employment appeal tribunal in Scotland found that foster carers Jimmy and Christine Johnstone were employees of Glasgow City Council.

Although today’s judgement focused solely on the rights under Article 11, the judges suggested that previous decisions – some made more than 20 years ago – should be reviewed by the Supreme Court.

Lord Justice Underhill said that “for the purpose of section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992, as applied in sections 2-4, the definition of ‘worker’ in section 296 (1) extends to persons who are parties to a foster care agreement with a fostering service provider within the meaning of regulation 27 (5) of the Fostering Service (England) Regulations 2011”.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

The judges also stated that “the government may wish at least to consider whether it would make sense for it to consider seeking now to introduce bespoke legislative provision for the position of foster carers, which would either preserve the present exclusion or provide for rights appropriate to their very unusual role”.

HR opportunities in the public sector on Personnel Today


Browse more HR opportunities in the public sector

Rob Moss

Rob Moss is a business journalist with more than 25 years' experience. He has been editor of Personnel Today since 2010. He joined the publication in 2006 as online editor of the award-winning website. Rob specialises in labour market economics, gender diversity and family-friendly working. He has hosted hundreds of webinar and podcasts. Before writing about HR and employment he ran news and feature desks on publications serving the global optical and eyewear market, the UK electrical industry, and energy markets in Asia and the Middle East.

previous post
NCT accused of ‘racism’ by parenting practitioners
next post
Three in five jobcentre staff feel office is unsafe

You may also like

Employment Rights Bill must be tightened to protect...

1 May 2025

Trump orders closure of US mediation body in...

27 Mar 2025

Tesco announces pay rise for store employees

18 Mar 2025

Employment Rights Bill: Six key changes to trade...

5 Mar 2025

Consultation: a new framework for industrial relations

22 Oct 2024

Unlawful inducement and collective bargaining: why the employer’s...

18 Sep 2024

Supreme Court: Tesco workers triumph in fire and...

12 Sep 2024

‘Potentially disastrous’: Lawyers react to Tesco fire and...

12 Sep 2024

Right to switch off would boost productivity –...

20 Aug 2024

Aslef recommends train drivers accept 15% pay offer

15 Aug 2024

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+