Flexible working boost for carers

From 6 April millions more Britons are to be given the right to request flexible working. People who need to alter their working hours to give them time to care for an adult are the beneficiaries. This includes people who, for example, need to get away from work to look after parents suffering dementia or family members who are disabled or ill. More than two million people at present are struggling to juggle work with caring responsibilities, charities say.

April's law change brings the flexible working rights of carers in line with those of parents who want time away to look after children under the age of 6 and disabled children up to age 16. According to charities, people who care for ill or disabled adults have in the past received a raw deal. State benefits are not as large or as extensive for people looking after adults as those caring for children.

NEW FLEXIBLE WORKING RULES

From April 2007 the right to request flexible working is extended to carers of adults. A carer is 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 relative or near relative of the employee; or

Falls into neither of the above but lives at the same address as the employee

Source: Carers UK

In addition, wider society seems to take little account of the sacrifices made by those caring for adults. And it is the world of work where, for many carers, the greatest difficulties seem to lie.

"People acting as carers often feel a degree of stigma about what they do. How do you explain at work that you need time away to deal with a doubly incontinent partner or have to accompany your mentally ill son to hospital or even a police station," Emily Holzhausen, head of policy at Carers UK said. "With a new born baby people understand someone has to care but with an adult, there just isn't the same level of understanding out there. Up until now, when push has come to shove and people need to work flexibly, they have faced a terrible choice, stop caring or give up work," she added.

And most social analysis suggests that giving up work leads to both social exclusion and ultimately poverty as carers' life savings are whittled away.

In the past, some employers' attitude to carers has displayed a breathtaking insensitivity. "One case I always remember is where a man nursing his wife attended a job interview and was told to re-apply when his wife was dead," Ms Holzhausen said.

"One of the most common complaints is employers asking to see documentary proof of a caring responsibility - such as an attendance allowance book. I think this is too much information, very few people abuse their rights this way," she said.

But according to Ms Holzhausen, 6 April represents a watershed. "We are already seeing attitudes change. Companies such as BT and British Gas, in advance of the new legislation, allow flexible working for staff with adult caring responsibilities. The hope is that society will become more aware of what adult caring actually entails and the sacrifices that are being made," she said.

Alan Firmin's employer, British Gas, allows him to work flexibly. Alan's son Christopher is 18 and has Down's Syndrome. He needs constant attendance as he has no fear of potentially harmful situations. "My wife is often at home with Christopher but there are times when it is necessary for me to work flexibly," Mr Firmin said. "This can be for any number of reasons: perhaps Christopher needs to picked up from a class or taken to a doctor's appointment. Being able to work flexibly is a godsend. If I could not work flexibly then I would have to consider my options. Family has to come first," Mr Firmin added. "It is good that the right to request flexible working is being extended to adult carers but I appreciate that there is an impact on business. My employer will be fine, but small firms with only a few staff may find it a lot harder to cope," he said.

Nevertheless, some critics suggest the legislation does not go far enough. Crucially, people are only allowed to "request" to work flexibly. There is no compulsion on employers to say yes. All an employer is legally bound to do is give due consideration to the request; they can turn it down flat, without giving a reason. What is more, even if the employee claims that their request has been turned down unfairly an industrial tribunal is barred from probing the business reason.

"The right to request flexible working needs to be strengthened," said Hannah Reed, senior employment right policy officer at the TUC. "An employer should have to give a good reason for why they turn down a flexible working request, and if necessary a tribunal should be able to examine the business reasons for the decision," Ms Reed added.

However, the TUC stops short of calling for all firms to be compelled to accept flexible working requests no matter what. In fact, the union body - not noted for being uncritical how well bosses treat their staff - says it has seen a "cultural shift" in employer attitudes to flexible working in recent times. "Since the introduction of the right for workers with young or disabled children to request flexible working, many of the best employers have adapted to the change well. They see granting flexible working, where possible, as a positive staff retention tool. All in all, it is a slow-burning issue but over time things are improving. Nevertheless, there are many examples of individuals being flatly refused flexible working, having their pay cut or being passed over for promotion when changing their hours," Ms Reed said.