The consultation follows the introduction of statutory carers’ leave in 2024. It considers whether the current rights go far enough to support employees with caring responsibilities. While no changes are imminent, the proposals signal a continued focus on helping carers remain in work while balancing the needs of employers and employees.
This is an opportune time for employers to review the current legal landscape and protections for carers.
At present, employees have a “day one” right to take up to one week of unpaid carers’ leave during any rolling 12-month period where they are providing or arranging care for a dependant with a long-term care need.
The leave can be taken as individual half-days or full days, or as a block of up to one week. Employees are protected from being subjected to a detriment or dismissed because they have taken, or sought to take, carers’ leave.
To be eligible, the dependant must have:
The dependant does not have to be a family member. It can be anyone who relies on the employee for care.
Employees with caring responsibilities may also have access to other statutory rights, including reasonable unpaid time off for dependants in emergency situations and the right to request flexible working (which is also now a day one right).
The consultation explores three possible reforms.
Longer periods of unpaid leave
The Government is seeking views on whether the current entitlement of one week is sufficient and, if not, how much additional unpaid leave should be available.
Greater protection on return to work
One option under consideration is a new right protecting an employee’s role if they are absent for a longer period of leave taken for caring responsibilities.
This would be broadly similar to the protections that exist during maternity leave, giving employees greater certainty that they can return to their role after an extended absence.
Paid carers’ leave
The most significant proposal is the potential introduction of paid carers’ leave.
The consultation seeks views on both the length of any paid entitlement and the appropriate level of pay. Options range from payment at a rate comparable to statutory sick pay through to significantly higher levels of earnings replacement.
Additional proposals
The consultation also includes a separate section on “Hugh’s Law”, which would introduce leave and financial support for parents and caregivers following the serious illness diagnosis of a child.
The consultation closes on 1 September 2026 and responses are invited from a wide range of stakeholders, particularly “those with lived experience of caring responsibilities, businesses, those with experience in supporting unpaid carers in the workplace, and those with expertise in unpaid care”.
Although the consultation concerns future reform, with no changes likely in the short term, employers should be aware of the direction of travel, and remain conscious of the issues that already arise in relation to employees caring for those with long-term care needs.
As well as the right to request flexible working and to take unpaid time off for dependants in emergencies, risks can also arise where the person being cared for is disabled.
An employee does not need to be disabled themselves to bring a discrimination claim. An employee can claim direct disability discrimination or harassment where they are treated less favourably because of their association with, or caring responsibilities for, a disabled person.
Because caring responsibilities continue to fall disproportionately on women, workplace practices that disadvantage carers can also create indirect sex discrimination risks.
Whilst there is no general right to have caring responsibilities accommodated, beyond the points mentioned above, employers should be cautious where requests are handled insensitively. A sustained failure to engage with an employee’s caring situation, particularly when combined with unreasonable treatment or breaches of policy, may contribute to allegations of breach of trust and confidence and constructive dismissal.
While legislative change may still be some way off, this is a useful opportunity for employers to review how they currently support employees with caring responsibilities.
Employers may wish to:
The consultation demonstrates that carers’ rights remain firmly on the Government’s agenda. While any reforms are likely to be some way off, employers should continue to monitor developments and ensure that existing requests from carers are handled consistently and sensitively.
© 2026 BTO Solicitors LLP | V.A.T. No: 260371482 | All rights reserved.
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