Glasgow City Council v Johnstone & Anor [2020]
Posted In: Case Law-
Decision Number
UKEATS/0011/18/JW -
Legal Body
Employment Appeal Tribunal (UKEAT) -
Type of Claim / Jurisdiction
Contracts of Employment
The claimants (a husband and wife) decided to become foster parents. They undertook the training and signed a document under the Looked After Children (Scotland) Regulations 2009. This document provided that the claimants would be paid a fee (c. £30,000 p/a) and would be entitled to four weeks’ holiday. The claimants sought to bring a number of claims against the Council, yet the preliminary issue of their employment status had to be determined first. The Payment Policy outlined that the foster carers were to be ‘self-employed’ and the general position taken by the Council was that the relationship was a statutory one rather than a contractual one so they
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