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Carers rights at work

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Summary 

You have legal rights in the workplace which can help you to stay in work, and take paid time off to provide care and support.



Carenting and paid work

Combining family care and paid work can lead to increased stress, family conflict and financial pressures. Many of these factors can have negative implications on carent’s health, wellbeing and often their ability to remain in work.

 

Working and caring can be challenging

Juggling work and caring responsibilities can be difficult.  Most carers find it challenging to undertake all the practical responsibilities of caring and provide the necessary emotional support whilst meeting the demands of their job and their employer. 

Typical challenges include lack of time, excessive stress and resulting health problems, family conflicts, work-related conflicts and financial pressures.

Many carers who succeed with the work-care juggling act, do so because they change their working pattern, reduce their hours or forgo promotion or certain career opportunities.

Whilst part-time working is much more common amongst carers than non-carers.  carers are also more likely to stop working altogether as they struggle to switch to part-time hours.

Research consistently finds that  carers are less likely to work full-time and more likely to work part-time, be retired or otherwise economically inactive. In one large survey, over one third of carers had had to cease work because of their caring responsibilities.

 

Working and caring can be expensive

When carents forego work to care for ageing parents is it often at the expense of income, retirement savings and pension contributions.  

Whether by reducing working hours, taking early retirement, or leaving work altogether, the costs of carenting can lead to significant loss of earnings.  At a population level this amounts to billions of pounds. 

As carenting becomes increasingly common, employers will need to do more to help their employees juggle work and carenting. 

 

Your employer has legal obligations to support carents as employees

In the UK, the Equality Act (2010) provides a legal framework to help carents stay in work and access relevant support.

 If you are looking after someone who is older or has a disability then you are protected under the Equality Act because of your association with that protected person. 

This protection covers discrimination or harassment in relation to employment and means that it is illegal for you to be treated less favourably because of your caring responsibilities.   

As a consequence of this act, your employer has obligations to help you continue to work in the face of your caring responsibilities.  

You have a right to:

a) Request flexible working

b) Take time off in emergencies (also known as” time off for dependants” [which can include anyone who is dependant on you in an emergency])

Employees have the legal right to take a reasonable amount of time off work to deal with an emergency involving someone who relies on you for help (as a dependant).

This could include your spouse, partner, child, parent, or others who depend upon you. Whether the time off is paid or not is at the discretion of your employer.

An emergency could be:

  • A disruption or breakdown in care arrangements
  • The death of a dependant
  • If a dependant falls ill, injured or assaulted
  • The need to  make longer term arrangements for a dependant who is ill or injured (but not to provide long term care yourself)

 

The Carers Leave Act

The Carer’s Leave Act recently received Royal Assent and will become law. The law will come into force on 6th April 2024.

This new Act will give unpaid carers balancing unpaid care with paid employment the legal right to five days of unpaid carer’s leave each year to support those they care for.  

Eligible employees will be able to take Carer’s Leave regardless of how long they have worked for their employer.

The details of how these new rights will work in practice are still under consideration and will be confirmed later this year and early next year.

Carers UK has led the campaign for the introduction of carer’s leave for decades and we’re delighted to see it become an Act and set to become law. 

 

Check out your Organisational and Contractual Rights at work

In addition to the statutory rights your employer must give you by law, they may also offer more support. 

This support will be outlined in your contract and in the organisation’s HR policies. For example, you may be able to use leave arrangements, paid or unpaid, at the discretion of your employer to cover intensive periods of care. Take some time to read your employee handbook to familiarise yourself with the company’s policies. 

If you are thinking of giving up work, a career break (or sabbatical) allows you to keep your options open, ensuring you can go back, and keeping you in touch with the world of work. Some employers offer paid and/or unpaid career breaks, often after a specified period of service with them, so check your organisation’s policies. 

 

Get expert support 

You can get free help and advice about your rights at work from ACAS who also provide a free helpline The charity Working Families also has a free helpline for parents and carers.



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Published September 2023

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