Catherine Shepherd and Kath Sadler-Smith, Knowledge Lawyer Directors at international legal practice Osborne Clarke, explore the new statutory right to carer’s leave and its implications for employers in the UK.
Introduction to the New Carer’s Leave Right
April 2024 has seen the introduction of several employment law reforms in the UK, including a new statutory right to one week’s carer’s leave. This leave can be taken to care for or arrange care for a dependant with a “long-term care need.”
The introduction of this right comes against a backdrop of an aging population and an increasing number of individuals taking on caring responsibilities while working. According to analysis of Census 2021 data by Carers UK:
- Approximately 1.6 million people in full-time employment in England and Wales were also looking after someone elderly, disabled, or with a long-term health condition.
- About 948,000 people in part-time employment were also unpaid carers.
- Previous research has shown that around 600 people a day give up work to care due to a lack of flexibility and support.
Key Features of the New Carer’s Leave Right
Shepherd and Sadler-Smith highlight several key aspects of the new right:
- Broad Eligibility: There is no minimum service requirement for employees to be eligible.
- Wide Definition of Dependant: Includes spouse, civil partner, child, parent, person living in the same household, or any person who would reasonably rely on the employee for care.
- Flexible Care Activities: The right covers a range of care activities, from physical support to emotional and administrative support.
- Employee Privacy: Employers are prohibited from requesting evidence of the reason for taking leave.
Limitations of the New Right
Despite its positive aspects, the new right has some limitations:
- Limited Duration: Only one week of carer’s leave is available in any 12-month rolling period, regardless of the number of dependants an employee supports.
- Unpaid Leave: The statutory right is for unpaid leave, which may make it financially unviable for many employees.
Employer Responsibilities and Considerations
Shepherd and Sadler-Smith advise employers to take the following actions:
- Educate Managers and Employees: Ensure all parties are familiar with the statutory right, eligibility criteria, and notice requirements.
- Update Policies: Create or update a dedicated carer’s leave policy or incorporate it into a wider leave policy.
- Establish Clear Processes: Implement a clear process for employees to make requests and for managers to handle them consistently and fairly.
- Track and Record Leave: Put systems in place to monitor compliance and manage absences effectively.
- Consider Enhanced Rights: Employers may want to offer enhanced rights, such as paid leave or a longer leave period.
- Review Existing Leave Policies: Understand how carer’s leave interacts with other statutory or company leave rights.
Long-term Considerations
The authors suggest that employers should be prepared for potential future developments:
- Further Legislative Reforms: The issue of carer’s leave is likely to remain high on political and individual agendas.
- Equity Concerns: There’s a risk that unpaid carer’s leave may primarily benefit those with greater financial stability.
- Flexible Working Requests: Employers may see an increase in statutory flexible working requests from employees seeking to balance their responsibilities long-term.
Benefits for Employers
While carer’s leave is primarily a benefit for employees, Shepherd and Sadler-Smith note several potential advantages for employers:
- Increased productivity
- Improved retention rates
- Reduced recruitment costs
- Potentially reduced sickness absence rates
- Enhanced attractiveness as an employer to an increasingly age-diverse workforce
Conclusion
The introduction of statutory carer’s leave in the UK is a step towards supporting employees with caring responsibilities. However, its limitations highlight the need for ongoing consideration of how best to support carers in the workforce. Employers should view this new right as an opportunity to review and potentially enhance their policies to create a more supportive and flexible work environment for all employees.
Vadim Kouznetsov is a distinguished entrepreneur and the visionary founder and CEO of JobXDubai.com, the UAE’s rapidly expanding job board. Renowned for his expertise in bridging the gap between job seekers and employment opportunities, Vadim has become a leading authority in the recruitment and job market of Dubai.