A ruling that will open the doors for employment rights for foster care workers throughout the UK, setting a major precedent for the sector, has been won by the Independent Workers Union of Great Britain (IWGB).

Foster care workers and IWGB members Jimmy and Christine Johnstone launched the case in 2017 after being left in fear for the life of a young person in their care. Following an initial victory, Glasgow City Council appealed the ruling, but now the Edinburgh Employment Appeal Tribunal has upheld the initial decision that Jimmy and Christine Johnstone were council employees.

The IWGB argued that they were entitled to employee rights including sick pay, holiday pay, a guaranteed minimum wage and protections for whistleblowing. The union is campaigning for these rights to be granted to all foster care workers.

Though the Johnstones worked in a specialised scheme for children with complex needs, their story echoes those of foster care workers nationwide. Due to precarious working conditions and the lack of whistleblowing protections, foster care workers are vulnerable to exploitation, bullying and intimidation when it comes to speaking out for their basic rights as well as those of the children in their care.

Jimmy Johnstone, claimant in the case against Glasgow City Council, said:

“For years we were told we had no rights. No employment rights, no right to representation or due process and no right to speak out even when our family was at risk. This is the reality facing foster care workers nationwide. We are delighted with the ruling and hopeful that it will encourage others to take up the fight. All foster care workers want is to have basic protections everyone should be entitled to so that we can do the best job we can for our young people.”

IWGB Foster Care Workers branch secretary Pauline Graham said:

“The question of employment rights for foster care workers goes to the heart of why our foster care system is in crisis. Carers are leaving the system in droves as they are pushed around, victimised and neglected by their employers. The result is a growing number of young people in children's homes. This hard-won victory by Jimmy, Christine and the IWGB paves the way for more foster care workers to follow suit in claiming the rights and protections they have been denied for decades. What’s at stake is nothing less than the wellbeing of our most vulnerable children.”

A spokesperson for Glasgow City Council said:

“We strongly refute any allegations of bullying or a lack of support for the Johnstones, who received significant support from social work and health services to maintain their role. They have also continued to be paid not inconsiderable fees while this legal case has been ongoing. What they have not been paid is an allowance, as that money is solely and specifically available to meet the needs of a child and they have had no child in their care.

“This judgment relates to a service that provided a specialist form of foster care. We are now carefully considering the implications of the judgment. The council notes, however, that as with the initial Employment Tribunal decision, the findings in this judgment do not extend to the status of mainstream foster carers.”