Government plans to extend to carers the right to request flexible working run the risk of excluding a substantial number of them, while opening the way for requests in respect of adults who are not genuinely in need of care, employment lawyers have cautioned.

Responding to a consultation on draft regulations, the Law Society's employment law committee said the problem arose out of the government's decision to define the category of person in need of care primarily by reference to their family relationship with the carer, rather than the personal characteristics which put them in need of care.


It has been suggested that, at their extreme, the regulations could arguably permit a request from a woman wanting to work shorter hours simply because her husband expects his tea on the table when he gets home, but will not cover an employee who is providing essential care to an elderly neighbour.


The committee put forward its definition of a carer as 'an employee with significant caring responsibilities, which have a substantial impact on their working life. These employees will be responsible for the care and support of a disabled, elderly or sick partner, relative or friend who is unable to care for themselves'.


The committee also questioned the logic of excluding from the right to request parents of children who are over the age of six and are not disabled, since the regulations allow it once the child reaches 18.