Carers & the new Work &
Families Act 2006
Work and Families Act 2006
What does the new legislation
will mean to you?
Six million people provide unpaid
care for adult dependants and
three million do so whilst
balancing paid work.
Currently, one in five people give
up work in order to care full-time.
Carers at work
• Every year, over 2 million people become
carers, some overnight, some gradually
• Daily, many employees take on new caring
responsibilities that may impact on work
• The numbers of carers is set to grow from 6
million to 9 million in the next 30 years
• The peak age for caring is between 45 and 64 –
when many employees will have gained
valuable skills and be employed in senior
positions
The economic case
• Employers need to widen their recruitment pool
at the same time that society will see an
increase in the need for care.
• Future work predictions show that the economy
will need an extra 2 million people in the next 20
years, only a quarter of whom will be school
leavers.
• A recent TUC report argues that in order to
achieve full employment and economic growth
the govt should focus on getting into
employment the 2 million people not in work but
who want a job – half a million of these are
carers.
Working carers’ concerns
• being able to work more flexibly
• letting others down – colleagues, their manager,
customers, the person they are caring for, other family
members, etc
• telling their manager or colleagues the nature or extent
of their caring responsibilities
• being seen as not able to cope if they ask for help
• finding quality support services geared to their needs or
those of the cared for person
• managing a demanding caring role alongside work
responsibilities
• deciding whether to resign or take a period of leave
towards the final phase of the cared for person’s illness
Existing Carers’ Rights
• 1995 - Carers (Recognition & Services) Act introduced
the concept of carers’ assessments
• 1999 - Employment Relations Act gave carers the right
to unpaid emergency leave and extended parental leave
• 2000 – Carers and Disabled Children Act extended
carers’ rights to include support services via direct
payments/vouchers
• 2004 – The Carers (Equal Opps )Act takes into account
the carer’s needs in relation to work, training etc
Work & Families Act 2006
• Extends paid maternity/adoption leave from 6-9 months
• Fathers have the right to take up to 6 months additional
paternity leave if mother returns to work
• New measures to help administer leave and pay
• Measures to enhance communications during maternity
leave
• Extends right to request flexible working to carers of
adults
Work and Families Act:
definition of a carer
Someone who cares for, or expects to care for:
• The person they are married to or who is their
partner or civil partner
• Someone who is a close relative (including
parent, parent in law, siblings, uncles, aunts,
grandparents, and step relatives)
• Someone who falls into neither category but
lives at the same address as the carer
The applicant making a request to work
flexibly must
• Be an employee with a contract of employment
(agency workers or members of the armed
forces are not eligible)
• Be the carer of an adult as previously defined
• Have worked for their employer for 26 weeks
continuously at the date that the application is
made
• Not have made another application to work
flexibly under the right during the past twelve
months
The right to request flexible
working
• An application to work flexibly must be
taken seriously by the employer
• A right to request, not an automatic
entitlement
• Employer has the right to refuse
• Request is for a permanent change
• Employee can only request change in
working arrangements once in 12 months
• Not intended for short-term needs
Flexible options
1.Flexible working time
(flexi-time, compressed hours etc)
2.Flexible working place
(home or other ‘remote’ working)
3.Flexible/variable working hours
(part-time, job-share, term-time etc)
Your request to work flexibly must be in
writing and state
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That you are eligible
The working pattern you would prefer
Any effects there might be
The date when the new working pattern would
begin
• Whether or not a previous request has been
made and if so, when
When your employer receives your request
to work flexibly they must
• Check your eligibility to make a request
• Agree to the request in writing or arrange a
meeting to discuss it within 28 days
• Let you know of their decision and your right to
appeal in writing within 14 days of holding the
meeting
If your request is refused and you want to
appeal
• You must write to your employer telling them you
want to appeal
• They must arrange an appeal meeting within 14
days of receiving your appeal request
• Your employer must inform you of their decision
in writing within 14 days of holding the appeal
meeting
You have the right to be accompanied by
a fellow worker or trade union
representative at the initial meeting and at
the appeal meeting
An employer can refuse the request on
the grounds of
• Burden of additional costs
• Detrimental effect on ability to meet
customer demand
• Inability to reorganise work
• Inability to recruit additional staff
Grounds for refusal contd
• Detrimental impact on quality
• Detrimental impact on performance
• Insufficiency of work during periods when the
employee proposes to work
• Planned structural changes
What if you are refused the
application at appeal stage?
There are a number of options
including:
• Informal discussions – there could be a simple
misunderstanding of procedure or facts which
could be resolved by an informal route
• Use of an employers internal grievance
procedure
• Assistance from a third party – eg. trade union
• Ask ACAS to help find a solution
When agreement cannot be reached
other options are
• If both parties agree the ACAS Arbitration
Scheme can be used to try and resolve
the dispute
• Complaint to an Employment Tribunal
(There are three month deadlines to present
your complaints to either of the above from
the date that the employer’s decision is
notified)
Employers can support staff who are
carers
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By respecting confidentiality
By establishing what the carers needs may be
By drawing up a carer’s support plan
By providing a supportive environment
In small firms/teams, multi-skilling, good
communication and team working provide effective
cover if carers have unexpected emergencies
• Paid leave (for emergency or scheduled caring can
reduce staff turnover and absence, cutting
employment costs. It is rarely abused and increases
individuals loyalty and commitment
Carers value
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Recognition of their role
Peace of mind
A chance to talk through the issues and
consider their own needs
A sense of shared responsibility,
particularly where any support offered is
on a regular basis
As work/caring needs change
• build in regular review dates for new work
arrangements
• discuss any necessary adjustments with
the employee and anyone else who will be
affected by the changes
• make sure there is good communication
within the whole team
• have a back-up plan in case of
emergencies
A win-win for employers
• “Stress related absence has been reduced by
26% through flexible working alone”
• “The average increase in productivity for flexible
workers is 21% - worth at least £5-6 million on
the company bottom line”
• “Retaining carers through support or special
leave arrangements represents a saving to the
company of about £1 million a year”
• “The cost of recruiting is incomparable to the
cost of 2-3 days emergency leave”
A win- win for working carers
• “I personally go that extra mile for them because
I appreciate what they are doing for me”
• “I think management realise that they are getting
better production from us…. We all work bettwe
when we are here”
• It makes for a happier workforce and people can
come to work with an easy mind”
Next steps
• What can we do to help working
carers?