Mr H Howitt v Blackpool Council — 2022

Mr H Howitt had been a foster carer for Blackpool Council from August 2012 and was registered on 26 March 2013. He said he was an employee of the respondent, entitled to employee rights and benefits, and that he had been unfairly dismissed. He also referred to a freedom of speech complaint, but the tribunal said it had no jurisdiction to hear that claim.

The claimant had also ticked religion or belief discrimination on the ET1, but he confirmed this was accidental and did not pursue such a claim. The tribunal therefore did not determine any discrimination allegation. The respondent's case was that the claimant was not an employee or worker, and counsel relied on W v Essex County Council [1998] 3 All ER 111 as authority that foster carers are not employees or workers.

Employment Judge Sharkett said the Fostering Services Regulations 2002 governed the relationship, that the claimant was not self-employed in the ordinary sense because the statutory scheme applied, and that there was no power to negotiate the terms under which he worked. The judge held there was no cogent evidence to depart from W v Essex County Council, which bound the tribunal.

On that basis, the tribunal concluded that the claimant's claims had no reasonable prospects of success and struck them out.