What should I do if I have to change my work pattern or hours because of my caring responsibilities?
Released 14th March, 2011|2,196 Views
If you have to change your working pattern or hours because of your caring responsibilites, speak to your employer first. You may be able to sort something out without using your legal rights.
If this doesn’t work, or you want the process to be formalized, you could use the
right to request flexible working. This right applies if you care for children under 17, disabled children under 18 or disabled adults, and you have worked for your employer for at least 26 weeks. Your employer has to hold a meeting with you and can only turn you down for certain business reasons.
You may also be able to use arguments about sex discrimination. If you are a woman, and your employer’s insistence on full-time work or a particular pattern of work puts women at more of a disadvantage than men (because they are more likely to be carers), then your employer may have to reconsider. This is called
indirect sex discrimination. You would also have to show that you are personally disadvantaged. But if the employer has a strong business reason for insisting on full-time work, then they may be able to justify the discrimination.
If you are a man, you may be able to show that women in similar jobs are allowed to change their hours, but you are not. This could be
direct sex discrimination.
If you care for a disabled adult, there is also an argument that you are protected from disability discrimination. You could argue this if you feel you are being treated unfairly because of your caring responsibilities. You can find out more about discrimination because of disability on the
EHRC website.