Ms S Paul v London Borough of Camden: 2201952/2019
EMPLOYMENT TRIBUNALS
Case No 2201952/2019
Between
Ms S PaulClaimantLondon Borough of CamdenRespondent
Before
Employment Judge A JamesIn person for claimantMs D Cunningham (instructed by solicitor) for respondentDate 18 October 2019
JUDGMENT
Following the hearing of submissions from Mr G Styles, the claimant’s son, for the claimant and Ms Cunningham, solicitor, for the respondent, the decision of the tribunal is that:(1) The employment tribunal does not have jurisdiction to hear the claim for breach of contract (Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994) because the claimant, being a self- employed foster carer, does not have a contract of employment with the respondent; and further, because she does have any contract at all with the respondent, she is not a worker within the meaning of S230(3) of the Employment Rights Act 1996. The claim is therefore dismissed. Case Number: 2201952/2019(2) The employment tribunal does not have jurisdiction to hear the claim for whistle-blowing (section 47B Employment Rights Act 1996) because the claimant, being a self-employed foster carer, does not have a contract of employment with the respondent; further, because she does not have any form of contract at all with the respondent, she is not a worker within the meaning of sections 43K or 230(3) of the Employment Rights Act 1996. The claim is therefore dismissed.(3) For the sake of completeness, the respondent’s name is amended to the London Borough of Camden.