Extension to the right to request flexible working

From 6 April 2007 the Work and Families Act will extend the right to request flexible working to "carers". The right already exists for parents that care for a child up to the age of six, or up to the age of 18 for a child who is registered disabled.

According to the campaigning group Carers UK there are over 3 million working carers in the UK - 1.4 million of which are men and 1.7 million are women.

To be eligible to request flexible working, employees must be caring for a spouse, partner, civil partner or relative - as defined in law, including step-relatives, half-blood relatives and adoptive relatives. If the person being cared for does not match any of these descriptions then they must live at the same address as the employee.

Eligible staff must also have been with the the same employer for a period of at least 26 weeks, not be an agency worker and not have made another application to work flexibly under the right during the previous 12 months.

Serious consideration

Although employers are not required to automatically offer flexible working to such staff, they must "seriously consider" the employee's request, following a set procedure already used for handling requests from parents of young children.

An application for flexible working can only be refused under one of the eight specified business reasons - such as a "burden of additional costs" or a "detrimental effect on ability to meet customer demand". Guidance on the procedure for handling flexible working requests can be downloaded from the DTI website - see link above/right.

Imelda Redmond, chief executive of Carers UK, commented: "Since it was introduced in 2003, the right for parents with children under the age of six years, or 18 if they have a disability, to request flexible working from their employer has been a huge success - nine out of ten of these requests have been accepted by employers.

"The extension of this right to carers will make it easier for those who are currently in employment to stay in work, and for more carers to take that vital step into employment. Research shows that employers who grant flexible working rights to carers have a more productive workforce, with lower staff turnover, and a reduction in sick leave."

According to Carers UK, carers are not a static group - with more than 2.3 million people moving in and out of caring situations each year. Its research suggests that 3 out of 5 people will be "carers" at some stage in their working lives.

Other changes

Other aspects introduced by the Work and Families include an increase from six months (26 weeks) to nine months (39 weeks) for Statutory Maternity Pay, Statutory Adoption Pay and Maternity Allowance, in the case of babies due or adopted on or after 1 April 2007.

So-called 'Keeping in Touch' days will also be introduced so that where employees and employers agree, a women on maternity leave can go into work for a few days, without losing her right to maternity leave or a week's statutory pay.

Businesses will benefit from a two month notice period for women changing their return to work dates from maternity leave. Employers can also make "reasonable contact" with their employees on maternity leave to help with planning and easing the mother's return to work.

Further information on 'Work and Families' employment matters are available on the DTI website.