Carers to Receive Right to Request Flexible Working from April
Regulations implementing the right of carers to request flexible working arrangements, under last years Work and Families Act, are due to come into force from 6 April 2007. This will mean that carers will have the same rights as employees with children under the age of 6 (or 18 if disabled), whereby they can request new work patterns (e.g. part time hours or job sharing). To qualify, employees must have at least 26 weeks continuous service with the employer.
Following a consultation process by the Department of trade and Industry (DTI), the proposed definition for “carer” has now been released. Under the legislation, a carer will be an employee who is or expects to be caring for an adult who is their spouse or partner, a near relative or who lives at the same address as the employee.
There had been debate over whether the term should relate to those who care for “immediate relatives” or a “near relative”. In the end the government decided to adopt the latter “near relative” definition which includes parents, parents-in-law, adult children, adult adopted children, siblings (including in-laws), uncles, aunts, grandparents and step relatives. As a result of the net being cast wider, around 80% of all carers in the UK will be eligible to request flexible working.
Although good news for carers, it should be remembered that although the employee has a right to request flexible working, employers do not have an obligation to grant flexible working arrangements. Employers do have a duty to consider the request and follow a set procedure; however, requests can be turned down on certain defined business grounds.
