07 August 2017
A husband and wife team who have been working as foster carers have successfully established that they should be regarded as having employee status following a landmark ruling in the Glasgow Employment Tribunal.
Mr and Mrs Johnstone raised proceedings last year seeking compensation for unlawful deduction of wages and victimisation as a result of whistleblowing. Glasgow City Council sought to have the claim struck out on a preliminary point, namely that the Johnstone’s were neither employees nor workers and as such lacked jurisdiction to bring their claims.
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Last Wednesday, at A Preliminary Hearing, the Glasgow Employment Tribunal ruled in favour of the Johnstone’s, granting them employee status. The Tribunal decided that the “level of control and mutuality of obligations” in their jobs meant that they were employees. Their claim will now proceed to a full merits hearing.
This decision will have far reaching consequences for the rights of other foster carers where their relationship is also found to satisfy the legal definition of employee. Such foster carers will benefit from employment rights including protection from unfair dismissal, discrimination, protection for whistleblowing and protection from unlawful deduction of wages.
Contact: Lesley Grant Associate ljg@bto.co.uk T. 0141 221 8012