Will fostering affect my employment rights?

Fostering does not normally remove your employment rights or change your employment status. Foster carers are generally not employees of the fostering service, and fostering payments are not usually wages. If you have another job, your rights in that job continue to depend on your employment contract, workplace policies and the law that applies to your circumstances.

Your existing employment rights usually remain in place. Becoming a foster carer does not, by itself, cancel your entitlement to contractual pay, annual leave, sick leave, pension arrangements or other benefits provided by your employer. It also does not give your employer an automatic right to change your contract simply because you have started fostering. Any proposed change to your terms should be discussed with you and handled in line with employment law.

However, fostering can create practical commitments that affect how you work. These may include training, assessment meetings, supervision, reviews, appointments, contact arrangements and time spent supporting a child at the start of a placement. Your fostering service will need to understand how these responsibilities fit alongside your job, while your employer will need enough information to consider any work-related arrangements.

Flexible working may be an option. Employees can make a statutory flexible working request from the start of employment. You might request a change to your hours, working pattern or place of work if this would make fostering manageable. A request is not automatically approved: an employer can refuse it for a legitimate business reason, following the required process. You should therefore discuss possible arrangements early rather than relying on flexibility that has not been agreed.

Other types of time off may apply depending on the circumstances. For example, annual leave may help with planned training or meetings, and time off for dependants may be relevant if a child in your care meets the legal definition of a dependant and an unexpected issue arises. These rights have specific conditions, and fostering does not automatically create a separate right to paid leave. Check your contract and your employer’s policies before assuming that a particular type of leave applies.

There is no general employment right that guarantees leave for an ordinary foster placement. Adoption leave and other family-related leave have their own eligibility rules, which do not automatically cover every fostering arrangement. The position can differ for specific arrangements, such as fostering to adopt or other forms of permanence planning, so obtain advice about the precise circumstances rather than treating all placements in the same way.

Your employer should not be asked to approve the fostering application. Approval is carried out by the fostering service, which assesses whether your household can meet a child’s needs safely and consistently. This includes considering your working pattern, travel, availability and the practical support around you. An employer does not decide whether you are suitable to foster, but your fostering assessment may identify work arrangements that need to be clarified before approval.

Fostering status is not, in itself, a protected characteristic under the Equality Act 2010. This means there is not a general rule requiring an employer to treat fostering in the same way as pregnancy, disability or another legally protected matter. You may still have protection if a workplace decision involves a protected characteristic, unlawful detriment, breach of contract or another form of prohibited treatment. If you believe your rights have been breached, take independent employment advice.

Before applying or accepting a placement, consider:

• whether your contract requires permission for outside activities or additional responsibilities;
• how training, meetings, appointments and unexpected events could fit around your hours;
• whether you could use annual leave or request a change to your working pattern;
• how travel time and school or nursery arrangements would affect your working day;
• what would happen if a placement needed more support than originally expected; and
• which arrangements should be agreed in writing with your employer.

You do not usually need to share every personal detail about a child with your employer. Share only appropriate information, while giving enough practical information for your employer to understand any request for leave or flexibility. Confidentiality is important, so do not disclose identifying or sensitive information unless there is a proper reason to do so.

The safest approach is to compare your employment contract with the expectations set out during your fostering assessment, then discuss any foreseeable changes with your employer. Your fostering service can explain the commitments involved and help you consider whether your current working pattern is realistic. For employment-law questions, particularly about dismissal, discrimination, leave or a proposed contract change, consult Acas, a trade union or a qualified employment adviser.