Latest News:Latest News - August 2011
Do your employees having caring obligations?
It is likely that 10% of a company’s most productive staff have a child with special needs, and many more have caring obligations for elderly relatives. Supporting employees who care for disabled children or relatives might not seem the highest priority in difficult times. But cuts in local authority finances will no doubt make it harder and more time consuming for parents of children with special needs to get the right level of support. For employers, simply offering a helping hand in making sure staff are aware of the help which is available to them could mean less work time spent on the phone to the local authorities.
All employees who have been with their employer for more than 6 months and who have caring obligations for dependants such as disabled children under 18 or elderly relatives have the right to request flexible working. Although employers are not required to grant such a request they must give it proper consideration; call a meeting to discuss it if necessary and have a real business reason for turning it down. A failure to do so could lead to claims in the Employment Tribunal and end in a claim for injury to feelings.
Employees in these categories who have been working for 1 year or more for their employer are also entitled to take time off (although this may be unpaid) to deal with emergencies. On top of this, if an employer discriminates against an employee because one of their dependants has a disability (or indeed any other aspect protected by the Equalities Act), they could face a claim for discrimination.
Knowing your obligations is only part of the story as far as employers are concerned. It is vital to gain a better understanding of the problems faced by staff and possible solutions. In many cases this could reduce burdens and improve productivity.
Caring for a disabled child or relative places a heavy toll upon them; absorbing much of their time and almost all of their emotional energy. This inevitably has an impact on their ability to concentrate on their work not to mention having to take time off or spend the lunch hour dealing with local authorities. Education, community care and even health treatment has always been surrounded by regulation and bureaucracy but at a time of cuts across services, the situation is worsening.
Although local authorities decide on the provision that they will make for people with caring obligations and for parents of children with special needs, these decisions can be challenged either through a Tribunal appeal or through the authority’s own complaints system. But navigating the way through the appeals systems is complex and time consuming. Employers of staff members who are going through this process for children with special needs can start by pointing them in the direction of charities such Independent Parental Special Educational Advice and the National Autistic Society which provide advice and support. If the appropriate charity is not able to help or if the employee / parent is eligible for free legal aid then specialist education law advisors will be able to assist. Age Concern and specialists in community care law can be similarly helpful for carers.
Independent support will of course not take the worry away entirely. But it could significantly reduce the amount of work hours spent or time off taken to negotiate with local authorities over the provision which an employees’ children or relatives need.
Inevitably the current cuts in local authority finances mean that people will have to fight harder to get the right level of support. Providing a helping hand will not only reduce the amount of working hours lost but most likely be rewarded with appreciation and loyalty. It seems compassion can help improve productivity.
By Elaine Maxwell, MG Law and Linda Stewart, Simpson Millar
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© Maxwell Gillott 2008
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