Caring after head injury – Your Rights

Employment Rights

• If you are a carer who is also working, you may have the right to request flexible working arrangements to help accommodate your role as a carer.
• To be entitled to make a request, you must have been in your employment for at least 26 weeks and care for a relative or person who lives at the same address as you.
• You can request arrangements such as flexible start and finish times, job sharing, part time working, compressed hours, term time working or working from home.
• To make a request, you should write to your employer requesting the changes you need, and explaining the effect on your work and how these effects could be minimised. If the change is approved, it means that your employment contract is changed permanently so think carefully before going ahead. You are entitled to make one request each year.
• Your employer can refuse your request on the grounds of the needs of the business, however you can appeal.
• In any event, you are entitled to special leave and reasonable time off in emergency situations, for example, if your care arrangements break down.
• If you find your request is turned down, or you are still struggling to manage despite the change, you may wish to consider requesting a Carers’ Assessment (see below for details).
• If you are a member of a Trade Union or have access to a solicitor, always seek advice if you encounter difficulties.

Carers’ Assessments

• A Carers’ Assessment is carried out by social services on request to see if you are entitled to any services or support to make caring easier for you.
• If you are over 16 years old and provide regular and substantial amounts of care, you are entitled to request an assessment. The point of the assessment is to ensure that your wellbeing is also being looked after, and your outside interests and commitments such as work, study, hobbies, etc will be taken into account. Your health and issues such as whether you are getting enough sleep will also be considered.
• The assessment will establish whether there are any services such as day centres, respite, help with domestic tasks, etc, which are required, or whether any adaptations to the home or extra equipment would help make things easier. Emotional support may also be available.
• If recommendations are made, a care plan will be developed to implement these and different authorities such as housing, education, the primary care trust, etc, should cooperate to help.

The information set out here is correct as of November 2009. For the most up to date details for state benefits you wish to visit http://www.direct.gov.uk/en/CaringForSomeone