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Since April 2007, the Work and Families Act 2006 has given certain carers the right to request flexible working, such as changing hours or working from home. See page 4 for the definition of a carer. Flexible working can be arranged to maintain your normal income.
Eligible carers who have worked for their employer for at least 26 weeks can apply to make a permanent change to their terms and conditions. They can only make one request a year. Their employer can refuse a request, but must give good reasons. In this case, an employee can appeal the decision.
The right to request flexible working could make the difference between a carer leaving or staying at work. Currently, 2.65 million carers could take advantage of this new right, but millions more will benefit in the future.
Flexible working arrangements can make it easier for you to carry on working at the same time as caring for your friend or relative. These could include:
Your employer can refuse a request for flexible working if they feel it’s not in the best interests of the business. For example, they may feel that your request would:
If your employer refuses your request you can appeal their decision. Your appeal has to be made in writing within 14 days of their decision. A further meeting will be held so that both parties can discuss the request further. It can help to get advice and support from a union or work representative.
You have a right under the Employment Rights Act 1996, as amended by the Employment Relations Act 1999, to take time off to look after dependants in an emergency.
In Northern Ireland these laws are called the Employment Rights (Northern Ireland) Order 1996 and the Employment Relations (Northern Ireland) Order 1999.
A dependant could be a mother, father, son, daughter, partner or anyone who lives with the employee and is solely dependent on them.
Possible emergencies can include:
This right applies right from the start of a job; you don’t need to have been in the job for a specific length of time before you can take time off in an emergency.
However, the law doesn’t define how much time off a person can take – it depends on the circumstances. To use this time off, you must inform your employer as soon as possible after the emergency has happened. Emergency leave is usually unpaid unless your employer chooses to pay you.
Apart from this legal entitlement, your employer may have a policy or be open to negotiation about leave arrangements. These could include:
If you feel you can’t resolve matters to your satisfaction you may want to consider lodging a formal grievance. Your employer should have a grievance policy that sets out the steps to be followed when an employee wants to bring a grievance. A staff or union representative can give you further advice.
If you feel that your grievance is not being dealt with fairly and that your employer is being unreasonable, you can complain to an employment tribunal. This can help resolve disputes between employees and employers about employment law.
There are very strict time limits on when you can make a complaint; most complaints need to be received by the tribunal within three months of the matter you are complaining about.
If you are considering taking a complaint to an employment tribunal it is a good idea to get advice from a union representative, ACAS| (Advisory, Conciliation and Arbitration Service), or a solicitor specialising in employment law.
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