A FOSTER CARER who claims she is entitled to employment rights launched a legal claim against a local authority yesterday in what could become a landmark case.

Sarah Anderson, who is engaged by Hampshire County Council, argues that she is a worker and should be entitled to holiday pay and other rights.

The Independent Workers’ Union of Great Britain (IWGB), which filed a claim for employment status and unpaid holiday to a tribunal on her behalf, says the result could benefit thousands of foster-care workers.

Foster carers are not currently recognised as employees. They receive a weekly allowance to cover the costs of the children they care for from local councils, agencies or charities ranging from £150 to £500 per child, depending on their needs.

There are about 55,000 fostering households in Britain, caring for 64,000 children.

Ms Anderson has been a foster carer for 10 years, including four years with Hampshire. During that time, she and her husband Timothy Tallent have provided a home for 10 children.

She said foster carers “work 24/7” — including evenings, weekends, Christmas, bank holidays — and take only two weeks’ respite per year.

Ms Anderson, who is chairwoman of IWGB’s foster-care workers’ branch, said: “As foster-care workers we are exploited, have no rights whatsoever and are treated as a disposable workforce when society needs carers more than ever.”

She added: “We fear being unwell, either physically or mentally, as this can also easily lead to us losing our jobs.

“Pay can be slashed and we are unable to do a thing about it. We can be, and are, discriminated against.”

IWGB general secretary Jason Moyer-Lee said: “Many foster-care workers are highly qualified, put in very long hours, are rigidly supervised and have foster care as their main source of income.

“This case is not about whether or not foster care is a form of work — that ship has sailed — this case is whether those workers should be entitled to the employment rights the rest of us take for granted.”

Tribunals and courts in England have ruled that the written agreement foster carers have with local authorities or other agencies is not a legal contract, which is necessary for someone to be classed as a worker or employee.

However, in June, the Glasgow employment tribunal recognised two carers as employees under Scottish law.