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DTI announces legal ‘carer’ definition

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From 6 April carers will have the right to request flexible working under the Work and Families Act.

The DTI has now announced the definition of carer under the act which, it estimates, covers around 80 per cent of actual carers.

Under the act 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.

Therefore, someone who is caring for a friend who does not share their house would not be entitled to request flexible working.

Employment relations minister Jim Fitzpatrick said: “The Government understands how difficult it can be for people to balance their work with caring for someone who is sick or disabled.

“We want to make sure that as many carers as possible have the right to request flexible working while at the same time not placing an unnecessary burden on business.

“We consulted with business, unions and carer’s groups about the definition of which carers will be covered by the legislation.

“We have decided to go with the option that best balances the views of these groups and will cover around 80 per cent of carers.”

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