Rights for Carers to Request Flexible Working

Carers now have a right to request flexible working, just as parents in the workforce already do. There are an estimated 1.6 million employees providing various kinds of unpaid care often for a spouse, elderly parent or other relative. As with parents it is a right to request flexible working, not a right to be granted it.

Andrew Bryan says “Although it is merely a right to make a request, it must be properly considered by the employer and, indeed, with parents the right has led to many flexible working arrangements being approved by employers. Since April 2003, mothers and fathers of children aged under 6, or disabled children under 18, have the right to apply for a flexible working pattern. The Employment Act 2002 gives working parents of disabled children under 18 the right to request flexible working arrangements too. The new right for carers applies if you are caring, or expect to be caring, for a spouse, partner, civil partner or relative or someone you live with. Carers also have the right to take (unpaid) time off work for dependants in cases of emergency.

"Even if the request will be refused proper procedures must be followed. Therefore, it sets out eight business grounds under which an employer can refuse a request. Employers may only refuse a request under one or more of these grounds:

• Burden of additional costs


• Detrimental effect on ability to meet customer demand


• Inability to reorganise work among existing staff


• Inability to recruit additional staff


• Detrimental impact on quality


• Detrimental impact on performance


• Insufficiency of work during periods the employee proposes to work


• Planned structural changes

When refusing a request you must write to your employee stating the ground for refusal and why it applies in the particular circumstances."

If you need guidance on how the new rules apply to you as a carer or as an employer, contact Andrew on 023 9221 0170 for further information.