National Union of Professional Foster Carers v Certification Officer

Subject Matter

TRADE UNION — Application to list — Foster carers — Certification Officer refusing application to list on ground foster carers not “workers” — Whether correct — Whether infringement of Convention rights to form and join trade union and not be discriminated against — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 1, 3, 296 — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 11, 14

UKEAT/285/17; [2020] ICR 607, EAT

TRADE UNION — List of trade unions — Application to join list — Organisation representing foster carers — Certification Officer refusing to list on ground foster carers not “workers” — Whether refusal infringement of Convention right to form and join trade union — Trade Union and Labour Relations (Consolidation) Act 1992 (c 52), ss 1, 2, 296(1), Sch A1 — Human Rights Act 1998 (c 42), s 3(1), Sch 1, Pt I, art 11

[2021] EWCA Civ 548; [2021] ICR 1397; [2021] 4 All ER 826; [2021] WLR(D) 206, CA

Appellate History