Carers' rights at work
If you’re employed and caring for someone with a terminal illness, you have legal rights that protect you from discrimination at work. Working while caring is important to some carers, giving them an income and some normality. You may have the option for flexible working or reducing your hours to fit in with your caring responsibilities. Some people have to give up work completely so they can care full-time.
On this page:
Before speaking with your manager
It can help to think about the pros and cons before speaking with your manager about your care responsibilities. While some managers may be sympathetic and understanding, others may not. You may choose to keep your private and work life separate.
Some pros of telling your manager and colleagues could include:
- feeling supported and being able to work flexibly
- having people to talk to about your situation
- easily taking time off for emergencies.
However, some carers worry that colleagues will think of them differently and feel that they’re unreliable.
Check your work policies
Check your contract, staff handbook or ask your manager what policies are in place for staff. They may include:
- time off for emergencies
- bereavement or compassionate leave.
Time off for emergencies
You may need to take time off work because of an emergency with the person you care for. This is sometimes called ‘time off for family or dependents’.
The emergency must be something unexpected. Appointments you knew about in advance won’t count.
You’re allowed a ‘reasonable’ amount of time off work. Your employer will decide what they feel is reasonable. There’s no limit to how many times you can take time off for an emergency involving someone you care for.
Read more about time off in emergencies on GOV.UK.
Compassionate leave
Your employer may offer compassionate leave. If they do, it’ll say so in your contract or you can ask your HR department or line manager. This means in certain circumstances they’ll grant you paid or unpaid leave. It could include if you’re bereaved or your friend or family member is very ill.
Flexible working
You have the right to ask for flexible work if you’ve been working for the same employer continuously for 26 weeks.
Types of flexible working include:
- working part time
- job sharing
- working from home
- working compressed hours (the same number of hours each week, but spread across fewer days)
- having a flexible start and finish time
- working annualised hours (working a set amount of hours each month or year, but varying how you work those hours).
Your employer will consider the impact on the business before agreeing to flexible working. They don’t have to agree if it would leave them short staffed at key times of day, for example.
Read more about flexible working through Citizens Advice.
How to request flexible working
You need to put your request in writing. This is known as ‘making a statutory application’. You can make one application per year.
You need to say:
- your current working hours and what hours you’d like to work
- if you want the change to be permanent or temporary
- how the change in your working pattern will affect your employer and colleagues
- how the change could be managed so that the business isn’t affected.
You could suggest a trial period to see if the new arrangements work for everyone. You don’t need to say why you want flexible working.
Your employment contract should be updated with the new terms and conditions if they accept your request.
Check if your employer has a request form or use this form from GOV.UK to make a request for flexible working.
If your employer rejects your application
Your employer must deal with your request within three months of your application. They have a duty to deal with requests in ‘a reasonable manner’ and must explain their reasons in writing if they reject it.
Find out more about handling requests for flexible working in a reasonable manner.
In Northern Ireland, employers have stricter timeframes. They must have a meeting with you within 28 days of receiving your application if they want to reject your request.
Read more about flexible working in Northern Ireland.
You can appeal if you feel your employer didn’t handle your request in a reasonable manner or refused it based on incorrect facts. Follow your company’s appeals process.
You can complain to an employment tribunal if you need to take it further.
Find out how to complain to an employment tribunal on GOV.UK.
Protection from discrimination, harassment and victimisation
People with a terminal illness are protected from discrimination at work by:
- the Equality Act 2010 in England, Scotland and Wales
- the Disability Discrimination Act 1995 in Northern Ireland.
If you’re caring for a friend or family member with a terminal illness on a regular basis, you have rights ‘by association’. It means your employer cannot treat you unfairly because of your friend or family member’s condition. For example, it would be unlawful for your employer to say you’re not suitable for promotion because you care for someone with a terminal illness.
How to complain
Check your employment contract or with HR about the company’s complaints policy. You should follow this first.
Contact the Equality Advisory and Support Service for support if it’s difficult to resolve.
If you're self-employed
You may need support if you work for yourself and care for someone else.
Get advice and support from:
Need to talk?
Life is more challenging right now, but we're still here for you.
No matter your worries, our nurses, trained officers and volunteers are here to listen.
- Call our free Support Line on 0800 090 2309
- Chat to us on webchat
- Send us an email at support@mariecurie.org.uk
- Speak with other people in similar situations on our online community
Our Support Line is open 8am – 6pm Monday to Friday and 11am – 5pm on Saturday. On bank holidays we're open 10am – 4pm.
GOV.UK - Flexible working
NIdirect - flexible working
TimewiseJobs - information on flexible working for carers and part-time job opportunities
About this information
This information is not intended to replace any advice from health or social care professionals. We suggest that you consult with a qualified professional about your individual circumstances. Read more about how our information is created and how it's used.
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