Foster carer's unfair dismissal claim struck out: no employment contract

Foster carer status: a legal dead end

This case illustrates a fundamental barrier that many workers face when trying to bring employment claims: the question of legal status. The claimant, a foster carer for Blackpool Council since 2012, was deregistered in January 2022 after a breakdown in relationships. He felt he had been badly treated and brought claims for unfair dismissal and other rights, believing he was an employee.

However, the law is clear. The Court of Appeal in W v Essex County Council established that foster carers are not employees or workers of the local authority. The relationship is governed by the Fostering Services Regulations 2002, which set out a statutory scheme rather than a contract of service. The tribunal noted that while foster carers are not self-employed in the ordinary sense, they are also not employed under a contract of service.

What could have been done differently?

The claimant argued that society has changed since the W v Essex decision, pointing to greater protections for workers in other areas. But the tribunal found no evidence to justify departing from the binding precedent. The claimant's strong feelings about being treated unfairly could not overcome the legal reality. A more appropriate route might have been a judicial review of the deregistration decision, rather than an employment claim.

Why this matters

For anyone considering an employment tribunal claim, the first question must always be: am I an employee or a worker? Many roles — including foster carers, volunteers, and some contractors — fall outside the protection of employment law. This case is a reminder that even if you feel like an employee, the legal definition may not match your experience. Checking your status with legal advice before issuing a claim can save time, cost, and disappointment.