Friday 1 February 2008

Working 9 to 5

For carers who also have a full-time job, juggling the two responsibilities can be a struggle, especially when working a rigid nine-to-five. As any carer knows, caring needs do not fit within handy, regular timeframes, and employers are not always sympathetic to requests for time off or a change in working hours.

But the case of Sharon Coleman may help more carers to get the flexibility they desire. Yesterday, she won the latest round of her legal battle in the European Court of Justice to end discrimination against carers.

Coleman, who has a son with hearing and breathing problems, claimed her employers discriminated against her and treated her differently from parents whose children were not disabled. She was branded as lazy and manipulative when she tried to take time off to care for her son.

She claimed constructive dismissal and disability discrimination. A tribunal referred it to the European court, which has initially sided with Coleman.

If this is confirmed by a panel of judges later in the year, the law against discrimination on the grounds of disability could be extended to all carers of elderly or disabled people – around six million in the UK.

While the right for carers to request flexible working was introduced last year – several years after it was for parents, incidentally – employers can still turn the request down if they wish. But if this case goes through, employers will need a very good reason for turning a request down.

Employers may not like the prospect of this, but if handled sensibly, it should not impact adversely on their business. Indeed, flexible working can often increase productivity and loyalty. But for carers, it could be the difference between keeping a job and becoming a full-time carer only.

Even if this judgement does lead to a change in the law, juggling full-time caring and full-time employment will still be a challenge. But it could at least give some protection to carers and ease some of the stress, so they can concentrate on doing both jobs to the best of their abilities.

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