Legal responsibilities
What are unpaid carers’ rights at work?
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Protection against discrimination
The Equality Act 2010 protects carers from direct discrimination or harassment in the workplace because of their caring responsibilities.
No individual should be discriminated against because of age, disability, gender reassignment, marital status, race, religion/belief, sex or sexual orientation. Further to this, an unpaid carer cannot be discriminated against based on their association with a disabled person.
Parental and shared parental leave
Employees who have at least 1 year’s continuous service and are responsible for a child aged under 18, are entitled to 18 weeks (unpaid) parental leave per child to look after their child. 21 days’ notice must be given. Leave can be taken in blocks of 1 week up to a maximum of 4 weeks leave in a year (for each child), or in one day, or multiples of a day if the leave is to care for a disabled child.
Flexible working
Any employee who has more than 26 weeks‘ service has the right to request flexible working. This could include reducing an employee’s hours, altering start or finish times, compressing working hours into fewer days or home working.
Employees can make 1 request per year and this must be in writing advising of the adjustments needed and how this will not affect the business or organisation. Carers only have the right to ask for flexible working and do not have the right to be given flexible work. Employers can refuse if there are specific business reasons for doing so but must not discriminate against carers making requests.
Time off in emergencies
All employees have a right to take reasonable time off to deal with unexpected situations involving a dependant. At the discretion of the employer, this time off can be paid. Taking time off in an emergency could be due to a disruption in care arrangements, to deal with an incident or accident or to make longer term care plans.
Unpaid carer’s leave
Employees are entitled to unpaid leave to give or arrange care for a ‘dependant’ who has:
- a physical or mental illness or injury that means they’re expected to need care for more than 3 months
- a disability (as defined in the Equality Act 2010)
- care needs because of their old age
The dependant does not have to be a family member. It can be anyone who relies on them for care.
Employees are entitled to carer’s leave from their first day of work for their employer. Their employment rights (like holidays and returning to their job) are protected during carer’s leave.
