With the introduction of the Carer’s Leave Act 2023, which came into effect in April 2024, employers now have specific legal obligations to help unpaid carers balance work and care.
Our Employment Lawyers explain what employers need to know about the right to carer’s leave, why it matters, and how creating a supportive environment can benefit both employees and businesses.
Why was the right to carer’s leave introduced?
The aim is simple: to allow carers to take time away from work to provide or arrange care for a dependant without fear of penalty or job loss. It also reflects growing recognition that caring responsibilities are a normal part of working life for many people.
Why supporting carers matters
Research shows that:
- 37% of working carers say they need carer’s leave
- One in seven say they would have to reduce their hours or stop working altogether without the option of time off work.
What the law says
A “week” means the employee’s usual working week. Leave does not have to be taken in one block. It can be taken as full days or half days, up to a total of one week per year.
A dependant can be:
- A spouse, civil partner, child, or parent of the employee;
- Someone who lives in the same household (other than a tenant or lodger); or
- Someone who reasonably relies on the employee for care.
- Have an illness or injury requiring care for more than three months;
- Have a disability under the Equality Act 2010; or
- Require care because of old age.
Notice requirements
An employer cannot refuse carer’s leave but can postpone it if allowing it at that time would cause serious disruption to the business. If postponed, the leave must be allowed within one month of the original date requested.
Employee rights during leave
For example, excluding an employee from a bonus purely because they took carer’s leave would be unlawful.
Other leave options for carers
- Parental leave: up to 18 weeks of unpaid leave per child, usually limited to four weeks per year.
- Dependants’ leave: reasonable unpaid time off for emergencies involving a dependant.
- Flexible working requests: since April 2024, all employees can make two flexible working requests each year, regardless of their length of service.
Legal risks for employers
Compensation for unfair dismissal can include a basic award and a compensatory award of up to a year’s gross salary or an amount set by the Government each year (currently £118,223), whichever is lower.
There is no limit on compensation for discrimination claims, and tribunals can also award compensation for injury to feelings, which can be significant in serious cases.
Practical steps for employers
- Review and update internal policies to include carer’s leave.
- Train managers to handle requests sensitively and fairly.
- Encourage open conversations about caring responsibilities.
- Offer flexible working arrangements where possible.
- Keep clear records of requests and decisions.
Contact Our Employment Team
If you would like advice on how the Carer’s Leave Act 2023 affects your business or would like your policies reviewed, please contact us.
0161 941 4000
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Vicki Fagan
Senior Associate
Vicki has experience acting as an Employment solicitor. Vicki has specialist expertise in HR issues, claims for discrimination, unfair and constructive dismissal and whistleblowing, and the preparation of employment contracts.
About Vicki Fagan