Mr J Matthews v London Borough of Brent — 2026

Mr J Matthews sought to recover the difference between two rates of payment for foster care provided on behalf of the London Borough of Brent. The parties agreed that he had been paid a lower sum after a change in rate, while continuing to care for a young person. They also agreed that he had provided that care under a national foster carer agreement for at least the first period. His claim was put as breach of contract or unlawful deduction from wages.

The tribunal decided first whether the parties had a contractual relationship. Neither party called factual evidence on this issue, which was determined on agreed facts and legal submissions. An earlier strike-out application had been refused so that the issue could be decided at a hearing. After being given an opportunity to consider Oni & Others v London Borough of Waltham Forest and its pending appeal, both parties wished to proceed; Mr Matthews did not seek time to obtain legal advice.

The tribunal held that it was bound by the Court of Appeal's decision in W v Essex County Council that foster carers' arrangements with local authorities are not contractual. It considered the reasoning in Oni and authorities concerning relationships governed by statutory schemes, including Roy. It agreed with Oni to the extent that W v Essex determined the contractual status of foster care arrangements. Mr Matthews therefore had neither a contract of employment nor a contract for services capable of establishing worker status under section 230 of the Employment Rights Act 1996.

Both claims were dismissed because Mr Matthews could not invoke the relevant rights under the Employment Rights Act 1996 or the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. The tribunal did not reach the questions of payment terms, breach, wages owed or the lawfulness of any deduction. No monetary award was recorded.