From 6 April 2024, employees will have a statutory right to a week’s unpaid leave to care for a dependant.

Who can take carer’s leave?

Carer’s leave will apply to employees and is intended to allow the individual to provide or arrange care for a dependant with a long-term care need.
The definition of “dependant” mirrors the definition used for the right to time off for dependants. This includes a:

• spouse
• civil partner
• child
• parent
• a person who lives in the same household as the employee (other than by reason of them being their employee, tenant, lodger or boarder) or
• the wider catch-all provision, of a person who reasonably relies on the employee for care.

Employees are entitled to carer’s leave from day one of their employment. As with other statutory leave entitlements, employers cannot penalise any employee choosing to take advantage of carer’s leave once it is brought into force. Dismissal of an employee for a reason connected with their taking carer’s leave will be automatically unfair. Employees are also entitled to return to the same job they were doing immediately before they took carer’s leave.

What will carer’s leave be used for?

A “long-term care need” is defined as:

• an illness or injury (either physical or mental) that requires or is likely to require care for more than three months
• a disability under the Equality Act 2010 or
• issues related to old age.

How much time can be taken?

The entitlement to one week’s leave is the maximum any employee is entitled to. Employers are not able to require an employee to evidence their entitlement to the leave.

How can carer’s leave be taken?

Flexibly, with the key procedural requirements as follows:

• Employees using the leave must take a minimum of half a working day at a time; a working day meaning the employee’s usual working pattern. There is no need for the leave to be used on consecutive days either. Employees could therefore take five separate days over a 12-month rolling period.

• Employees are required to provide notice, although this does not need to be in writing. The notice must include the fact that the employee is entitled to take carer’s leave and the day(s) or part of a day that will be taken.

• Employees will be required to give notice which is either twice the length of time being requested, or three days, whichever is the longest. It is open to employers to waive the notice requirement provided the employee is otherwise eligible to take carer’s leave.

Does an employer have to agree?

Employers are not able to deny an employee’s request for carer’s leave but can postpone it if they reasonably consider that the operation of the business would be unduly disrupted if the leave was approved.

If the employer does postpone the leave, they must provide a written counter notice within seven days of the request, explaining the reason for the postponement and the revised dates the leave can be taken on. The employee must be allowed to take the requested leave within a month of their original request.

What remedies does an employee have if these rights are not upheld?

An employee will be able to bring an employment tribunal claim if their employer has unreasonably postponed, prevented or attempted to prevent them from taking carer’s leave. A tribunal can make a declaration and award compensation. Compensation is subject to what the tribunal considers “just and equitable”, taking into account the employer’s behaviour and any consequential loss sustained by the employee.

Practical implications for employers

Employers should start to consider:

• updating or creating policies to inform employees of the new right and the logistics of requesting and taking it.

• creating a “self-certification” form for employees to complete, declaring that they meet the legal definition of a carer and will be using the leave in that capacity.

• introducing a system of record-keeping to track the number of days taken. Employers should also use this data to consider what further support they could provide for employees (for example, allowing additional unpaid time off if staff are using high levels of annual leave to provide intermittent care or help to dependants).

• informing people managers of the new right, the fact that any dismissal connected to using the leave will be automatically unfair, and the potential sensitivities around this topic. Some employees may not wish their colleagues to be aware they are taking time off for caring responsibilities, if they have not previously discussed this at work, or may not want to inform their manager of their need to take carer’s leave.

Should I enhance this right?

Some employers may wish to enhance these new rights by:

• offering pay for some or all of an employee’s entitlement or
• offering an increased amount of unpaid time off.

This might be part of a package of measures designed to attract and retain older workers.

Even if employers do not intend to offer paid leave, the new right may encourage employees to talk to their employer about any caring responsibilities they have and how they are managing those responsibilities alongside work, and this in turn may lead to more employers adopting carer policies.

For assistance with a carers policy or updating existing policies, please email nicola.goodridge@goodhr.co.uk or call +447917878384

The government has announced that the new flexible working regulations will come into effect on 6 April 2024, giving employees the right to request flexible working arrangements from day one of employment – under current law the right is only available after at least 26 weeks of employment.

‘Flexible working’ can refer to working patterns or hours including part time, flexi-time, term time, compressed hours and adjusting start and finish times, as well as location, for example, working from home.

What are the new regulations on flexible working?

• the right is available to employees from day one of employment
• employers will be required to consult with the employee when they make a flexible working request before rejecting it
• employers have to respond to a request within two months (it is currently three months)
• employees will be able to make two requests within a 12-month period, compared to the single request they are currently allowed
• employees are no longer required to explain what effect their request will have on the business.

Employers should review current policies…

To prepare for these changes, employers should start by reviewing their current flexible working policies and ensuring they align with the new regulations. They should also anticipate a higher volume of flexible working requests.

Employers should also ensure they have in place effective processes to review and respond to applications promptly and have trained their managers on how to deal with them too.

Embrace a shift in workplace dynamics…

Employers need to try and view the changes as an opportunity to reassess and enhance their operational models. It’s not just about complying with the law but embracing a shift in workplace dynamics that can lead to increased employee engagement, retention and a wider talent pool.

Businesses need to think about the broader implications of flexible working for their organisational culture which includes the following:

• investing in technology that supports remote or hybrid work
• redesigning workspaces to accommodate flexible schedules.

Give employees clarity…

Although employees will be granted the right to request flexible working from day one, there is no guarantee that these requests for flexible working will be granted.

Employees who rely on flexible working need to know when they apply for a role if the level of flexibility that they require can be met. Clarity in job adverts is essential – this is the only way for jobseekers to identify companies that can accommodate their working preferences. It’s also the best way for employers to find staff who will genuinely thrive in the working environment they offer.

Find a way to make requests work…

Not all roles are going to be suitable for every requested working pattern but approaching any requests from the point of view of ‘how could we make this work’ is a good starting point.

Accommodating flexible working patterns will only benefit employers because employees are increasingly looking for businesses to work for that value wellbeing as part of their culture, and flexible working opportunities have become a staple incentive to attract the best people.

Businesses should consider alternatives if employees request a pattern that does not work for them. There are eight fair reasons for refusing flexible working requests and employers should think about the impact on the business of accepting or rejecting flexible working requests.

You will need a newly drafted flexible working policy….

For assistance with a newly drafted flexible working policy, which needs to be significantly different to the current policies, please email nicola.goodridge@goodhr.co.uk or call +447917878384