The rights of unpaid carers are attracting more attention than usual this week. Not only is it Carer’s Week as reported in our previous Legal Update, but the government has now launched a consultation on unpaid carer’s rights in the workplace.
They are seeking to understand whether the current right to unpaid carer’s leave, and other employment law rights that may be used by unpaid carers, are fit for purpose and whether any improvements can be made. They are also considering a potential new entitlement to paid leave and support following a child’s serious illness diagnosis.
Whilst the prospect of further changes, particularly those that could have a financial impact, may cause concern for businesses the government has said that “any future reforms must strike the right balance between supporting unpaid carers … and carefully considering the impact on employers”.
So, what are three key things your business needs to know about the consultation on employment rights for unpaid carers and parents of seriously ill children?
What is the current position and why is change being considered?
Unpaid carers currently have access to a number of employment rights that can help them balance their caring responsibilities with work. These include the statutory entitlement to unpaid carer’s leave (you can find more about this in an earlier Legal Update) the right to dependent care leave in some circumstances as well as more general workplace rights such as the right to request flexible working and annual leave.
The government considers that “enhancing clarity, accessibility and usability of employment rights for [unpaid] carers will help more people remain in work, reduce economic inactivity, and support employers to retain experienced staff”. The consultation has been launched to gather information on this area.
What options for reform are being explored?
Carer’s leave
Views are being sought on enhancing current provisions, including extending unpaid carer’s leave beyond 5 days, introducing a statutory ‘right to return’ after longer periods of leave, creating a paid carer’s leave entitlement and expanding eligibility and flexibility in how leave can be used.
In terms of paid leave, if this were to be introduced, the government is seeking views on how long the paid leave should be and what level of pay would be appropriate for those taking it. Possible options for pay levels include:
- 90% of pay
- 50% of pay
- Equivalent to some other statutory family leave pay – £194.32 a week
- Equivalent to Statutory Sick Pay – £123.25 a week
Employment rights for parents of seriously ill children (“Hugh’s Law”)
The consultation considers a potential new entitlement to paid leave and financial support following a child’s serious illness diagnosis. This reflects the acute and often sudden disruption faced by families, including:
- Immediate need for parental presence
- Financial strain
- Long-term care requirements
The consultation seeks input on eligibility, duration, pay levels, and implementation. It includes gathering evidence on “how any new entitlement could be implemented in a way that is workable, proportionate, and mindful of the pressures on employers, particularly small and micro-businesses”.
How you can have your say
If you would like to participate in the consultation you can do so here. The consultation remains open until 2nd September 2026.