Consultation Response to the UK Government
Children and Young People’s Commissioner Scotland
25 August 2026
1. Please indicate whether you are responding as:
- other, specify
Children and Young People’s Commissioner Scotland
16․ In your view, has overall access to flexible working improved since the 2024 changes were introduced?
In responding to this consultation, we are concerned with the position of unpaid carers, particularly those of disabled children or children with long-term support needs. We are aware that this is a group who are facing considerable challenges to accessing employment. There are large numbers of unpaid carers trying to balance life between their work and caring responsibilities, often to the detriment of their own health.
Recent research with unpaid carers indicates the scale of the problems they face, the pressures of working in environments which are not flexible, cause stress, exhaustion and ultimately meaning many cannot continue to work.[1] This puts these carers, their families and children at risk of experiencing poverty. There is recent data to suggest that 52% of employers refuse requests from carers of disabled people, including children, to work flexibility.[2]
We are aware of many instances where unpaid carers require to take time off and are penalised for this, with a growing number of situations where they even lose their jobs. This group are far more likely to experience unemployment and be reliant on benefits, flexible working arrangements are one layer of protection which could help ensure that they can remain in the workplace, as many of them want to do. The introduction of a reasonableness test, alongside a method to enforce this through the employment tribunal is an important protection and we would welcome this. Employers should be informed on the best practice for ensuring they can get the best from their employees while allowing them to fulfil their vital caring roles. This is a matter which impacts on children’s rights as not only does this ensure that parents and carers can care for their children, but it also helps to prevent child poverty by enabling the carer to remain in employment.
There are further protections that should be considered for this group outside of flexible working requests including the introduction of paid carers leave.[3] Flexible working can help to cover some situations, but carers need to be protected if emergency situations arise.
17․ Do you feel the proposed objective is appropriate for the consultation meeting?
We welcome further clarification on the guidance for employers as to what should be discussed at the consultation meeting which takes place when an employer is considering rejecting a flexible working request.
Where this applies to unpaid carers, we think this is a positive step however, if their position is to be truly projected further safeguards will be needed.
19․ [All respondents]: How much advance notice do you think an employee should receive before the meeting is held?
As much notice as possible should be given to allow for the employee to prepare for the meeting which might include ensuring their caring responsibilities are fulfilled.
22․ In your view, which of the elements set out in the ‘Suggested process’ section should be part of the meeting between a decision maker and employee about a statutory flexible working request? Select all that apply.
- Asking if the employee would like the request to be considered as a reasonable adjustment, in accordance with the Equality Act 2010
- Discussing any challenges in accommodating the original request
- Exploring alternative start dates for the proposed request
- Considering alternative arrangements that could be accommodated
- Discussing the option of a trial period
- Other, explain your answer:
All these matters would be helpful for discussion.
23․ Do you agree that employers should be required to communicate the outcome of the meeting, as well as the outcome of the statutory request, in writing?
Yes.
33․ If you would like to see additional guidance for employees on flexible working, what topics do you think it should cover? Select all that apply.
As indicated above, we are concerned for the position of unpaid carers and their position within employment. We want to see them better protected. The impacts of unpaid caring for employees should be addressed in guidance to support employers in their duties towards these employees.
36․ Which, if any, of the following ways to address barriers to flexible working do you think we should explore further over the years ahead? Select all that apply.
- Encouraging organisations to communicate their approaches to flexible working with candidates
- Improving enforcement of the right to request flexible working
- Improving employee awareness about different arrangements
- Improving employer awareness about different arrangements
- Something else, specify: _________________________
All the above.
[1] The ‘tipping point’: when unpaid carers can no longer combine work and care | Carers UK
[2] Reasonable Adjustments for Carers | Disability Law Service