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Refusal by Certification Officer to register trade union for foster carers - National Union of Professional Foster Carers (NUPFC) v Certification Officer [EAT] 23.07.19 (Unreported)

The Certification Officer had properly refused to register a trade union representing the interests of foster carers on the list of trade unions. A trade union had to consist "wholly or mainly of workers" and, as the relationship between foster carers and local authorities was non-contractual, foster carers were not "workers" within the definition in the Trade Union and Labour Relations (Consolidation) Act 1992 s.296(1). The tribunal considered in some detail whether there was an "employment relationship" for the purposes of the right to freedom of association in ECHR art.11, but had insufficient information to conclusively determine the point.
Category: Employment » Trade unions; Human Rights. Keyword(s): Freedom of association; Social welfare. Area(s) of law: Employment; Public Sector; Private Client.
Source: [2019] UKEAT 0285_17_2307.

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