Carers week: a focus on flexible working

Carers Week runs from 11–17 June and employers are being urged to revisit their flexible working policy to include carers.

The right to request flexible working has been extended to carers since 6 April 2007. Before, the right to request flexible working was only applicable to parents with young children.

An employer therefore has a legal duty to consider flexible working applications from carers under the Work and Families Act 2006.

Employers are advised to put into place an up to-date flexible working policy which extends to carers of adults. This policy should be clearly publicised in the organisation, says Gill Bell from law firm Anderson Strathern.

“The next step, is to consider whether you might be able to accommodate a new kind of flexible working which would enable someone with sudden and unexpected caring commitments to be accommodated by, for example, a period of extended leave or home working, or a temporary reduction in hours,” adds Bell.

A ‘carer’ is defined as an 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; or 
• falls into neither category but lives at the same address as the employee.

Very recently, the definition of a relative has been amended to include “son-in-law” and “daughter-in-law”.

Much focus has been given to flexible working recently especially on extending this practice to every worker. The Shadow Chancellor of the Exchequer, George Osborne MP says:

“Britain’s small businesses are making flexible working a reality for millions of people across the country. Businesses are opening the right to request flexible working to all of their employees in many circumstances. Both employers and employees can really benefit from this.”

The EOC has issued a report on new ways of working. According to the commission, their model of flexibility is right for every worker:

• Timelords – are those who can largely control their hours and location of work, for example writers;
• Shift-shapers – are those who have set hours and a fixed location but can flex shift patterns;
• Time-stretchers – are those who have a set place of work, but can control the hours they work; and
•  Remote-controllers – have set hours but can control where they work

Flexible working is currently available to parents of young children under six, disabled children under 18 and carers.