Working and Caring
Statutory Rights
Being a Carer can be a full-time job in itself, so for many Carers fitting a job around caring responsibilities is simply not an option, while others often feel that they must reduce their hours or give up work altogether. Nevertheless, staying in employment can be equally important for your own health and well-being – giving a life outside of caring.
Thanks to The Work and Families Act 2006 and The Employment Act 1996, Carers have some statutory rights concerning working and caring options, and more and more employers are realising that there are benefits to supporting Carers. In addition to the rights afforded by legislation, employers may also be able to offer extra flexibility through their own procedures and policies.
When you are a Carer, juggling work alongside your caring role can be very stressful. Having an understanding and knowledgeable employer or manager can make this easier, and it is helpful to have access to information and advice about the policies that your employer has with regards to Carers. Some companies operate counselling services and have advice packs for Carers, and trade unions can also be a good source of information and support.
There are 3 statutory rights that may be helpful for Carers and these are outlined below or you can follow the links to the Carers Scotland websection on employment for more details.
The right to request Flexible Working– Carers have the right to request their employer for a flexible working pattern such as compressed hours or working from home. Your employer does not have to agree to your request, however there are only certain reasons for refusal that are allowed. To apply for flexible working, write to your employer asking for the changes you would like and detailing why they should help. If you would like, Carers Link can help with this. You will also need to explain the effect, if any, that you think the proposed change might have on your job or organisation and how any impact can be minimised or prevented. Carers Link can also help you in this.
Time off in emergencies - You have the right to take a ‘reasonable’ amount of time off work to deal with an emergency involving a dependant. This right also includes some protection from victimisation and dismissal if you use it. It is at the employer’s discretion whether this leave is paid or unpaid. Situations where this leave might be taken include:
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A disruption or breakdown in care arrangements
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If a dependant falls ill or has been assaulted or in an accident, including when the victim is hurt or upset rather than physically injured
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To deal with an incident involving a child during school hours
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To make longer term arrangements for a dependant who is ill or injured
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To deal with the death of a dependant
Parental Leave - If you have worked for your employer for at least a year and are responsible for a child, you are entitled to thirteen weeks parental leave (per parent) before your child’s fifth birthday; if you have a disabled child (a child for whom you get Disability Living Allowance), each parent can take 18 weeks parental leave before their child’s 18th birthday. Please note, however that this leave is normally in smaller blocks and is usually unpaid - check your employer’s policies.
Thinking of Giving Up Work?
If you are unsure about whether or not you need to give up work in order to care, you should consider having a Carer Assessment carried out through Social Work. This will look at how you are managing to balance your work with your caring responsibility. It may be that additional support can be put in place to prevent you from needing to stop work. Carers Link can help you with this and can help you to explore all your options.
It is also advisable to seek financial advice from your local Citizens Advice Bureau or the Pension Service. You can contact these agencies directly or Carers Link can contact them on your behalf.
If you are still caring and thinking of returning to work, you should also consider having a Carer Assessment carried out through Social Work. This will explore how you will manage to balance your work with your caring responsibility and it may be that additional support can be put in place to help. Carers Link can help you with this and can help you to explore all your options.
Support is also available from Carers Link with job hunting, such as accessing training courses that may help brush up skills. You may also be able to access respite to enable you to undertake training if it is specifically to look for work.
