Contesting ‘bogus self-employment’ via legal mobilisation: the case of foster care workers

Abstract

The rise of the ‘gig’ economy has placed a spotlight on employment status, leading to challenges over the nature of working relationships and attendant rights from increasingly diverse groups. The predominant image of the struggle against ‘bogus self-employment’ features the mostly young, male riders and drivers engaged in platform work. This article examines the distinctive campaign of foster carers to be recognised as workers, focusing upon the emergence of the campaign and the imaginative solidarities forged with seemingly disparate groups of precarious workers. Drawing from interviews and observation, this article explores the tactics used in contesting ‘bogus’ self-employment, the achievements and challenges faced. The concept of legal mobilisation is used as lens, capturing the blend of strategic litigation, organising and legal enactment. This article concludes by considering how this solidaristic project might be further broadened to provide fully inclusive protections for all those who work for a wage

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