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Employment
Carers (Equality) Act 2010Employment Relations Act 2004
What are the rights for carers in the workplace?
Flexible workingSince April 2007 employees caring for a relative or someone who lives at the employee's address have the right to request flexible working. There is no automatic right to work flexibly and there may be circumstances where the employer or school is unable to accommodate such a request.
Time off for emergencies involving a dependant
Employees have the right to take unpaid time off work in an emergency involving a dependant. The right is not for time off that can be pre-planned, such as hospital appointments, or for long-term care arrangements, such as nursing a sick relative, but could be used if the normal day care arrangements break down. Most employers or schools give up to two days paid emergency leave per year which employees can apply for in circumstances not covered by compassionate leave.
Parental leave
If the caring responsibility is for a disabled child under 18 the employee can apply for unpaid parental leave.
Carers - thinking about returning to work? (added 26.8.11)
Butlins and Jobcentre Plus have joined forces and will be holding an event for carers who are thinking of returning to work, either now or in the future. Butlins are a major sponsor of The Princess Royal Trust for Carers and understand, along with Jobcentre Plus, that carers may need to increase their confidence and skills to apply for a job. The event will enable carers to find out what the modern workplace looks like, and ask relevant questions. There may even be the opportunity of some work experience to update your skills. It is not restricted to people wishing to work for Butlins but for anyone wanting to work in a customer-facing role. If you are interested contact Andrea Green or Tracy Palmer at Bognor JobCentre Plus on 01243 846485. Once they have gathered a group, they will finalise a date.
Work Focused Support for Carers Programme (added 5.1.10)
This is a national programme provided by JobCentrePlus to help support carers wishing to get back to work or need help remaining in employment. It is open to all carers, regardless of how many hours they care for, and whether or not they are on benefits. They will provide support, advice, etc; one of the key elements is that JCP will pay for replacement care for carers so they can attend interviews, attend a training course (for up to a year), and much else. For more information contact your local JobCentre Plus.
An Employee's Guide to Work and Caring (added 5.2.08)
Information booklet for carers, from Carers UK, to help employees balance paid work with caring. It also helps carers prepare to return to work and includes a 4 page pull-out section to give to your employer. Click the link to download a copy www.carersuk.org
Right to request flexible working
There is national recognition of the concerns of carers wanting to stay in work. Carers have the right to request flexible working. Part-time workers have the same rights as full-time workers. For information about the right to request flexible working for carers of adults log on to www.carers.org. For legal rights around flexible working (e.g. childcare issues and other work-life balance considerations) visit
www.direct.gov.uk
Getting the balance right?
If you are thinking you may have to give up your job to provide care, but don't want to - have a look at this: Factsheet: Flexible Working - from the Working Families organisation
Main legislative/policy developments affecting carers in England since 1995
(The descriptions highlight selected provisions and do not aim to summarise all aspects of the legislation/policy).
Carers (Recognition and Services) Act 1995 - Introduced the concept of a Carers Assessment.
Caring About Carers: a national strategy for carers Policy statement, Department of Health (1999) - Stressed that enabling carers to combine paid work and care was a priority for government.
Employment Relations Act 1999 - Gave employees the right to ‘reasonable time off’ to deal with emergencies.
Carers and Disabled Childrens Act (2000) - Gave carers of adults and disabled children the right to an Assessment. Introduced Direct Payments, offered to parents of disabled children, to manage on their children’s behalf.
Changes to Carers Allowance) (2000)
Amendment to the Social Security (Contributions and Benefits) Act 1992, which included extending carers’ benefits to people aged 65 and over.
Employment Act 2002 - Gave employed parents of disabled children under the age of 18 the right to request flexible working arrangements.
Children Act 2004 - Required local authorities to lead on joined-up service delivery through multi-agency Children's Trusts. Strong emphasis on supporting families and carers, described as 'the most critical influence on children's lives'.
Carers (Equal Opportunities) Act 2004 - Placed a statutory duty on local authorities to inform carers of their rights, and to consider carers' wishes in relation to education, training and employment when conducting Carers Assessments.
Every Child Matters: change for children Policy document (2004)
Indicated that disabled children and children with long-term health conditions should 'receive co-ordinated services which allow them and their families to live as ordinary lives as possible'.
Work and families Act 2006 - Extended the right to flexible working arrangements to all carers in employment, from April 2007.
Childcare Act 2006 - Placed a duty on local authorities to provide sufficient childcare for working parents 'which includes provision suitable for disabled children'.
Our Health, Our Care, Our Say: a new direction for community services, Department of Health White Paper (2006)
Outlined an expectation that local authorities and Primary Care Trusts would identify a Carers Lead.
Recommended the introduction of funds for emergency respite care, and development of an Expert Carers Programme and a national Carers Helpline. Initiated a consultation on a 'New Deal for Carers'.
New Deal for Carers - Policy announcement (2007) - Package of measures relating to respite, emergency Planning and helplines for carers.
Pensions Act (2007) - Recognised carers' situations, and reduced number of qualifying years carers need for a full basic state pension; introduced Carers Credit for those caring 20+ hours a week for someone who is severely disabled.
Sussex Disability Employment Directory 2007/2008 - an employee's and employer's guide to employment services for disabled people in Sussex.
You can get more information from:
www.carersnet.org.uk/aceradio/aceradio.html - ACE Radio (Action for Carers and Employment) is an audio resource for carers, employers and those working with carers. The programmes provide interviews and comments around key initiatives and developments.www.carers.org - help and advice on Carers and Employment from the Princess Royal Trust for Carers (PRTC)
www.berr.gov.uk - Department for Business, Enterprise and Regulatory Reform
www.workingfamilies.org.uk - Helps working parents and carers and their employers find a better balance between responsibilities at home and work.
www.paritas.org.uk - employment agency that recruits and places people who have experienced mental health difficulties.
Employers for Carers - business forum set up by Carers UK to promote the business benefits of supporting carers. If you employ staff then Employers for Carers can help you support them better, when caring happens. For advice and resources visit www.employersforcarers.org
There are people who can help:
West Sussex Carers Support Services
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