Lawyers will this week attempt to move a long-running battle over foster carers’ employment rights to the Supreme Court.

The group of foster carers will apply in the Employment Appeal Tribunal tomorrow to leapfrog their dispute with various local authorities.

On first instance in January, Judge Crosfill ruled in three test cases that under human rights law, foster carers are entitled to bring claims to the employment tribunal for discrimination and whistleblowing.

But the tribunal is still bound by the Court of Appeal decision in the case of W v Essex from 1998. This ruled there was no contractual relationship between a foster carer and their local authority.

The secretary of state is appealing the tribunal decision, and representatives of the claimants are now preparing to ask for permission to bypass the usual route through the EAT and Court of Appeal.

Jacqueline McGuigan, solicitor from London firm TMP Solicitors which represents the claimants, said: ‘This application, if granted, would mark the first instance of such a procedural step in the context of foster carers’ employment rights. The foster carers’ case raises significant questions regarding the employment status of foster carers under UK law, with potential implications for thousands of individuals providing foster care services across England.

‘The claimants contend that the issues at stake are of such public importance and legal complexity that they warrant immediate consideration by the Supreme Court.’

In each of the three cases, the claimants allege that they were stood down or children removed from their care due to making whistleblowing complaints or because of age discrimination.

It is estimated that more than 57,000 foster carers would be affected by the court’s decision. Campaigners say that children in foster care would also benefit if carers were able to speak up without fear of personal repercussions.

Baroness Kishwer Falkner, chair of the Equality and Human Rights Commission, said carers need peace of mind that they are not alone if they are mistreated, and there is a potential route to a legal remedy.

She added: ‘We supported this case to allow the tribunal the opportunity to clarify a significant grey area when it came to the rights of foster carers.

‘Foster carers provide a key service, offering a loving home to children who need it most. They are rightly paid for the essential work they do.’