What do employers need to know about the new Carer’s Leave Bill?

The Carer’s Leave Bill received final approval from the House of Lords in May and is expected to take effect in 2024.

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What do employers need to know about the new Carer’s Leave Bill?

The Carer’s Leave Bill received final approval from the House of Lords in May and is expected to take effect in 2024.

It is important for employers to prepare themselves well in advance and understand how this will impact their business.

The new law has been introduced to allow employees to take up to one week of unpaid carer’s leave every year.

This is to support those who are juggling their work commitments with taking care of friends or relatives who require long-term care.

The leave can be taken in one go or split into smaller chunks. This new right has been estimated to benefit over 2 million employees in the UK by the national charity Carers UK.

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    New Carer’s Leave Bill

    Currently your employees, under the Employment Rights Act have the right to take time off to care for dependants. However, this is usually for emergencies and other unforeseen health issues that require unplanned leave.

    The new Carers Leave Bill will mean that employees will be able to take leave for planned events. For example, it could be used for caregiving if another caregiver is taking a break.

    Your employees will need to give you notice for the carer’s leave. This is twice the length and one day of the leave requested. This is similar to taking paid holidays under the Working Time Regulations.

    There are yet to be more details on how the new right will work. Currently, it seems that employees will be able to self-certify that they are long-term carers. Therefore, no evidence will be needed to prove they are carers.

    The two most important aspects of this new right are that; employees will be protected from dismissals for reasons related to the right and protection from detrimental treatment.

    Ultimately, the new right might cause an increase in unfair dismissal claims. These claims could be made regardless of length of service, where employees do not need to have two years’ service in a business.

    That’s why as an employer you need to be careful as carers leave will be a day one right.

    a carer looks after a person in a wheel chair

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    What will employers need to think about?

    The new legislation aims to create an easier process for employers and employees. There will be a minimum requirement and it’s up to employers to pay for carer’s leave.

    Longer periods of carer leave are something else employers will need to allow or think about.

    It’s a good time for employers to think about taking this opportunity to think about what support is offered for carers and if it could be improved in the business.

    The new regulation could have a long-term impact on businesses that want to implement more employee-friendly policies. Just like the parental leave policy where employers are introducing a better leave policy than the legal requirement.

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    Employer advice on the new Carer’s Leave Bill

    The new Carer’s Leave Bill will be something employers need to be prepared for before 2024 if they want to ensure they are legally compliant.

    It’s the perfect opportunity to review your current employee-friendly policies too. Especially since businesses are living in an increasingly competitive employment landscape.

    If you are unprepared and don’t fairly abide by the new regulations, you could be faced with an unfair dismissal claim.

    These claims can be costly if you are taken to an employment tribunal and can cause reputational damage to your business.

    We provide free support if you’re an employer and need advice on the new carer’s leave regulations. We offer 24/7 assistance to guide you through HR and employment law policies and questions.

    Please speak to one of our HR and employment law advisors free at 0800 144 4050 or fill in the form here to request a callback. Contact us for free ACAS advice.

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    FAQs

    We’re here to answer any questions you might have with expert ease.

    The Carers Leave Bill is to introduce 1 week of unpaid leave a year for carers to support relatives and friends who need it. This right is a day-one right and doesn’t matter how long an employee has been working at the business for.

    Any employees that care for family members or friends.

    Employees can ask for carer’s leave from the first day of their employment.

    Discrimination

    There are many different types of discrimination in the workplace. That’s why at Employers Direct we give employers professional advice and support 24/7.

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    Breach of contract 

    We will advise you on all the remedies for a breach of  employment contract so you can have peace of mind.

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    Unfair dismissal

    Whether you’re unsure what to do with an unfair dismissal claim or need support on an employment tribunal. We’re on hand to help.

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    Dealing with harassment claims, especially sexual harassment at work can be tough for an employer. We give free expert advice to help solve any issues.

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