The new law will give unpaid carers a right to a week of flexible unpaid leave a year to care for a dependant with a long-term care.
This legislation will introduce a new entitlement to one week’s unpaid leave per year for those employees who are providing or arranging care for a dependant.
Currently, unpaid carers must rely on other types of leave such as parental leave, annual leave, time off for dependants leave as well as flexible working requests, to meet their caring responsibilities whilst balancing employment.
What is Carer’s Leave and what does it mean? We will explore this below:
Who will be eligible to take Carers’ Leave and how can/will it be taken?
This will be a day one right and there is no minimum service requirement to be entitled to take the leave.
Employees will not need to evidence their entitlement to the leave and it is suggested that the regulations may provide that an employer cannot require an employee to supply evidence if they make a request.
Employees will be required to give notice of their intention to take carers’ leave and it is expected that such notice will need to be twice the length of the leave being requested, plus one day.
It is still unclear as to how the leave can be taken, but it is expected that this will be flexibly, either full days or half days, up to a block of 5 days per 12 months.
Who is a dependant for the purposes of provision of care by the employee?
A spouse, civil partner, child, parent, someone living in the same household, or a person who reasonably relies on the employee for care.
The person being cared for must have a “long-term care need” meaning a long-term illness or injury (either physical or mental) that requires, or is likely to require, care for three months or more, a disability under the Equality Act 2010, or care is required related to old age.
At present it is unclear as to whether or not the weeks entitlement covers all dependants an employee could have responsibility for (i.e., one week per dependant) or whether it is one week for every employee regardless of the number of dependants they care for.
What is meant by the provision of care and arranging care?
Further guidance will be able to provide what particular activities are deemed to be treated as providing or arranging care, so this suggests that there will be some limitations and possible exceptions. We anticipate that the guidance will be published in due course.
What are the risks if an employer refuses or dismisses an employee for taking carers’ leave?
A request cannot be refused but may be postponed by an employer where it is considered that operation of the business would be unduly disrupted. But employers would need to be able demonstrate this point.
Employers cannot penalise any employee for choosing to take advantage of carer’s leave once it is brought into force and dismissal of an employee for a reason connected with their taking of carer’s leave will be automatically unfair. This would entitle the employee to bring a claim in the employment tribunal for compensation.
What should an employer be doing to prepare for this?
Until the regulations are published to there is a limited understanding as to how this will operate in practice and it is not expected that the new rights will be in force before April 2024.
Have any questions?
Contact Emma-Louise Hewitt, e.hewitt@sydneymitchell.co.uk or one of our employment law specialists on 08081668860
 |
 |
 |
 |
 |
 |
|
