Q I have read something in the news about employees being able to ask for time off to care for dependants. How does this work?
A From this month, the right to request flexible working, which currently applies to parents with children under the age of six (or disabled children under 18), will be extended to employees who care for certain adults.
To be eligible to make a request, employees must have been employed for 26 weeks at the date of the application and must be the carer of a relative or an adult living at the same address who is in need of care. Eligible employees can ask to alter their times and place of work, which could involve working at home. While the law does not give employees a right to work flexibly, there is a duty on employers to consider requests seriously.
The law also stipulates that employers follow a set procedure when dealing with a request for flexible working and failure to do so can result in a penalty of eight weeks' pay. Requests can only be refused on specific business grounds, for example, the burden of additional costs or a detrimental impact of the quality of work or performance. Rejections of flexible working requests to care for children under six have given rise to claims of indirect sex discrimination (on the basis that statistically more women than men are responsible for child care), but it remains to be seen whether similar claims will be brought in respect of requests to care for adults.
Requests can be made only every 12 months and any changes made to an employee's working patterns will be permanent unless agreed otherwise.
It is important that employers prepare for the change to the law as it is likely to affect large numbers of employees. Ensure that you have the correct procedure in place to deal with staff requests and try to be open-minded about requests from staff to work flexibly. It should be possible to find working patterns that will both suit the employee and benefit the business.
* The advice in this column is for guidance only. Nursery World readers should not place reliance on it or take action without obtaining further advice relating to their specific and individual circumstances.
Contacts
Christine Betts
* Veale Wasbrough Lawyers, Orchard Court, Orchard Lane, Bristol BS1 5WS, tel: 0117 925 2020, fax: 0117 925 2025, e-mail: cbetts@vwl.co.uk, website: www.vwl.co.uk
Nursery World
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