Carers and Employment

Carers can face difficult choices about balancing work, caring and finding support services to help stay in work. Today, there are increasing numbers of people in the workplace with caring responsibilities. In recognition of this changing and diverse workforce, the government is actively encouraging employers to allow flexible working patterns.

Under the Equality Act 2010 (which came into effect on 1st October 2010), carers are now protected from being treated less favourably, directly discriminated against, or harassed, because they are caring for someone who is disabled or elderly.

Useful government information on this employment legislation can be found online at www.gov.uk/employment-status or Carers in Hertfordshire can print information out for you if you do not have internet access.

Telling your employer

It is important to tell your employer about your caring commitments. Caring can often be unpredictable and care arrangements complex. If you want to work, it is often in your employer’s best interests to consider making reasonable changes to your work pattern so that you can continue caring too. Keeping the communication lines open between you and your manager is vital if you are to manage work and give your employer notice in time to make arrangements when you are away.
You could also speak to your colleagues, human resources manager or staff association to see if there is existing support available at your workplace.

Carers Leave

Anyone who is legally classed as an employee can take time off to help a dependant who needs long-term care (more details at www.acas.org.uk/employment-status/employee-employment-status). The law is the Carer’s Leave Act 2023. It came into effect on 6th April 2024.

Key points:

• The right to take Carer’s Leave applies from the first day of work.
• An employee can take Carer’s Leave to give or arrange care for a dependant who needs long-term care.
• Employees can take up to one week of Carer’s Leave every 12 months. (An employee is entitled to a period of leave that is equal to their usual working week).
• An employer might choose to pay their employees for this type of leave, but they do not have to.

ACAS provides comprehensive information about Carer’s Leave at www.acas.org.uk/carers-leave or call them for free, confidential advice on 0300 123 1100.

Parental Leave

Parental Leave should not be confused with Shared Parental Leave, which gives people who share parental care the chance to share up to 50 weeks of leave and up to 37 weeks of pay in the first year after having a baby, adopting a child or fostering a child you plan to adopt. You can find out more about Shared Parental Leave on the Gov.uk website.

Key points about Parental Leave:

• Employees must have completed one year’s continuous service with an employer to qualify.
• You should be named on the child’s birth or adoption certificate or have or expect to have parental responsibility to claim leave.
• 18 weeks of unpaid leave can be taken up for children and adopted children up to their 18th birthday. (The limit is four weeks a year for each child, taken in whole weeks unless an alternative is agreed with your employer).
• Leave may be taken straight after the birth or adoption or following a period of maternity leave.
• Employees will need to request leave giving at least 21 days’ notice before the intended start date.
• Employers may ask for the notice to be in writing.

There is more information on the Gov.uk website.

Flexible working for parents and carers

All employees, including parents of disabled children under 18, have a legal right to request flexible working. Employees can request a change to the number of hours they work, their start or finish times, the days they work or where they work.

Employees can make a request for flexible working from their first day in a job.

There is more information on the Gov.uk website.

How do I apply?

You must apply in writing, explaining your caring responsibilities and the change you would like to make to your working arrangements. You should also consider the effect this might have on your employer’s business and how this might be accommodated.

The application must not be a repeat of one made in the previous 12 months and your employer must be given a reasonable time to consider and implement it. Employers have a duty to take requests seriously. Although they can say ‘no’ to your request, they will need to demonstrate clearly why this is so.

Employees can make two applications for flexible working in any 12-month period.

More information can be found in the ACAS leaflet ‘The Right to apply for Flexible working’.

Flexible working arrangements

You could discuss the following options with your manager:

• Part-time, flexi-time, job sharing or home working.
• Annualised or term-time hours.
• Flexible holidays to tie in with alternative care arrangements.
• Compressed hours, staggered hours or shift work.
• Time off in Emergencies and special leave arrangements

You are entitled to a ‘reasonable’ amount of time off to cover an emergency to do with the person you care for.

• You may also be offered:
• Compassionate leave
• Borrowing/buying leave
• Career breaks

Useful contacts and websites giving further information

ACAS (Advisory Conciliation and Arbitration Service)
Advisory booklets include changing patterns of work, flexible working and other topics.
Tel: 0300 123 1100

Carers UK
Latest on legislation.
advice@carersuk.org
Tel: 0808 808 7777

Citizens Advice 
Helps people resolve their money, legal and other problems with a network of offices throughout the country.
Tel: 0800 144 8848

Working Families
Waving not drowning network also supports families who are combining work and caring for disabled children.
Tel: 0300 012 0312