The right to request flexible working is to be extended to carers from 6 April 2007. One answered question up till now was how ‘carer’ is defined. The DTI has opted for a wide definition that is expected to cover 80% of carers. A ‘carer’ is an employee who is or expects to be caring for an adult who:
• is married to, or the partner or civil partner of the employee, or
• is a near relative of the employee, or
• falls into neither category but lives at the same address as the employee.
The ‘near relative’ definition includes parents, parent-in-law, adult child, adopted adult child, siblings (including those who are in-laws), uncles, aunts or grandparents and step-relatives. The DTI has also confirmed that it will not actually define what is meant by ‘carer’ or ‘caring’ in the regulations. This will be left to guidance on which it hopes to consult with a view to publishing it with the final regulations by the end of this year. There will be no requirement for staff to supply proof of the caring responsibilities, nor will employers be entitled to ask for it. Abuses of the right should be dealt with using normal disciplinary procedures.