Flexible working for carers
Overview (November 2006)
A new right for carers to request flexible working will come into force on 6th April 2007 under the Work and Families Act 2006. 1 in 8 adults in the UK are carers – around 6 million people, of which four million are of working age. There are estimated to be 1.5 million carers in work who provide over twenty hours of care a week.
This bill will only give carers a right to request flexible working and not to receive it. This means it is unlikely there will be a huge additional pressure on businesses because they have the right to refuse requests, although it must be demonstrated clearly why the request has been refused. The number of requests made to employers may not be that numerous given the fact that a change is permanent and there is no right for the employee to return to the same job once a change has been agreed.
Who qualifies as a carer?
The definition of 'carer' will cover any employee who is or expects to be caring for an adult who:
- Is married to, or the partner or civil partner of the employee; or
- Is a 'near relative' of the employee;
- Falls into neither category but lives at the same address as the employee.
The 'near relative' definition includes parents, parent-in-law, adult child, adopted adult child, siblings (including those who are in-laws), uncles, aunts or grandparents and step-relatives. This will cover around 80% of carers according to the DTI.
However, the government's definitions are not without controversy and could face legal challenges over infringements of the human rights of unpaid carers.
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