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Workers with elderly dependants: employment law's response to the latest care-giving conundrum

Published online by Cambridge University Press:  02 January 2018

Grace James*
Affiliation:
University of Reading
Emma Spruce*
Affiliation:
University of Reading
*
Professor Grace James, School of Law, University of Reading, Foxhill House, Whiteknights Road, Reading RG6 7BA, UK. Email: [email protected]. Emma Spruce, undergraduate student at the School of Law, University of Reading, 2010–2014.
Professor Grace James, School of Law, University of Reading, Foxhill House, Whiteknights Road, Reading RG6 7BA, UK. Email: [email protected]. Emma Spruce, undergraduate student at the School of Law, University of Reading, 2010–2014.

Abstract

This paper considers how employment laws are being used in response to what we have termed ‘the eldercare–workplace conundrum’. It is well known that people are now living longer but health is still failing in a significant percentage of older people, meaning that many adults require care for longer, albeit to varying degrees and for varying amounts of time. Many of these individuals will receive care from relatives or close friends who are participating in the labour market: this is increasingly likely as adults are expected or want to remain in paid work for longer, often into their sixties and seventies. The requirements of elderly dependants can cause these workers huge difficulties and dilemmas as they attempt, across time, to accommodate the particular needs of the person for whom they wish to provide care, often a loved one, and meet the particular demands of their employment relationship. In this paper, we consider why this is an area of social policy that warrants effective legal engagement and consider, drawing on various examples of legal responses in other countries that face similar conundrums, what might improve legal engagement in this area.

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 2015 

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Footnotes

*

Emma Spruce, Undergraduate student at the School of Law, University of Reading (2010–2014), who contributed to this piece as part of the University Research Opportunities Programme. We thank Eugenia Caracciolo di Torella, Rachel Horton and the anonymous reviewers for their useful comments.

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