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Carers 

20/10/2009 
Several pieces of legislation cover the rights of carers including the right to request flexible working and in some cases, a change to terms and conditions.
  • Current position
  • Key legislation
  • What employers must do
  • Implications
  • Issues
  • Shared learning
  • More information
  • The legislation defines a carer as someone who cares for, or expects to care for, a husband, wife or partner, a relative such as a child, uncle, sister, parent-in-law, son-in-law or grandparent, or someone who falls into neither category but lives at the same address as the carer.

    Current position

    In June 2008, the Government announced its vision for future care and support of carers in its document, Carers at the heart of 21st century families and communities: a caring system on your side, a life of your own. The Government committed £255 million to implementing the strategy in both the short and long term. New commitments included:

    • £150 million towards planned short breaks for carers
    • £38 million towards supporting carers to enter or re-enter the job market
    • £6 million towards improving support for young carers
    • piloting of annual health checks for carers to help them stay well and training for GPs to recognise and support carers
    • a more integrated and personalised support service for carers through: easily accessible information, targeted training for key professionals to support carers and pilots to examine how the NHS can better support carers.

    The Employment Act gave working parents of disabled children under 18 the right to request flexible working arrangements. The Work and Families Act 2006 further extended the legal rights and protections for carers at work.

    The Work and Families Act sets out the right of parents of children under six (or 18 if the child is disabled) to request flexible working. Employees who have worked for their employer for at least 26 weeks can apply to make a permanent change to their terms and conditions.

    Since 6 April 2007, employees also have a statutory right to request flexible working (e.g. changing hours, compressed hours or working from home) if they are caring for an adult who is a relative or lives at the same address. There are also provisions within the Employment Relations Act 1999) giving employees the right to take unpaid time off work for dependants, in cases of emergency.

    In many circumstances carers have the right to a needs assessment, which must take account of their employment, study and leisure needs. Local authorities also have a duty to inform carers of this right.

    Key legislation

    What employers must do

    • Ensure that equal opportunities policies address the rights of staff members who are carers, and that other related policies e.g. those dealing with flexible working and work-life balance, are in line with this.
    • Ensure that managers and staff are aware of carers’ rights and their own responsibilities in this area.
    • Ensure that operational procedures facilitate collaboration with local authorities in supporting carers’ needs.

    Implications

    The responsibility for informing carers of their rights and for carrying out carers’ assessments will normally lie with local authorities.  However, other agencies, such as NHS organisations, are obliged to support local authorities with providing co-ordinated support to carers. Employers also need to ensure that carers’ issues are included in their equal opportunities policies and that these complement their policies on flexible working and work/life balance.

    Employers are also responsible for ensuring that staff and managers know about the legislation and appreciate the additional rights that carers might have.

    Issues

    Carers UK published a report in 2006 entitled Who Cares Wins: the social and business benefits of supporting working carers. The report followed a study exploring how three different employers created a supportive environment for carers at work.

    According to the report, the adoption of flexible working practices can potentially save organisations time and money, with some companies reporting savings of over £1 million. The report identifies the headline business benefits of supporting carers including:

    • lower staff turnover
    • reduced recruitment and training costs
    • greater productivity
    • lower absenteeism
    • higher staff morale
    • higher levels of trust in working relationships
    • improved company image
    • improved recruitment.

    Shared learning

    Some examples of good practice on carer equality can be found in our shared learning web pages including:

    • NHS Networks - Valuing Carers in the Hospital Environment: good practice guide

    More information

     

     

     

     

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    Contacts

    Paul Deemer
    Paul.Deemer@nhsemployers.org

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