I care for someone

It’s important to know what rights are available to you as a working carer. There are two main sources to be aware of:

• The law gives you ‘statutory rights’, which is the same for everyone
• Your contract may give you ‘contractual rights’ which go above and beyond your statutory rights

Therefore, it’s always worth checking your contract and company policies to see what else is available to you. Your HR team will be able to help you.

If you’re self-employed, on a short-term contract or employed through an agency, you may not be covered by the rights detailed below. If this applies to you, you can call ACAS on 0300 123 1100 for advice.

Starting from April 6, 2024, employees will have the legal right to take a week of unpaid leave annually to care for a dependent under the Carer’s Leave Act 2023. 

This entitlement applies to all employees, regardless of their length of service.

You can find full information here: https://www.hospiceuk.org/compassionate-employers/ce-hub/for-hr/carers-leave-act

All employees based in England, Wales and Scotland have a right to request a flexible working arrangement from the first day of employment. 

You can also make two requests over a 12-month period. This new right became law from 6 April 2024. 

Flexible working requests should be made in writing with details of the revised working pattern you are seeking. It is recommended that you state that it is a statutory request. This should include: the date of the request, the proposed change to your terms and conditions of employment, the time you would like to see the change(s) take effect, and whether you have requested flexible working previously. Employers must agree to a flexible working request unless there is a genuine business reason not to; they must consult the employee before making that decision.

Examples of flexible working:

• home or remote working
• working staggered hours
• hybrid working
• shift working
• job sharing
• working compressed hours
• flexi-time
• term-time working
• part-time working
• working annualised hours

If you have been employed by the same employer for 12 months or more, and you have caring responsibilities for a child under 18 then you are entitled to parental leave. This includes 18 weeks’ leave per child. This must be taken by the child’s 18th birthday.

This leave is unpaid. However, your employer may offer paid leave as part of your contractual rights so it is worth checking or asking.

All employees have the right to a ‘reasonable’ amount of time off work if an emergency occurs involving one of their dependants. This could include a child or parent. It may also include anyone who relies on you in an emergency.

Emergency leave is generally unpaid. However, your employer may offer paid leave as part of your contractual rights so it’s worth checking or asking.

Some examples of emergency leave include:

• A sudden breakdown in care arrangements
• If a dependent dies
• If a dependent gets ill or has an accident
• If you need time to arrange care for a dependent who is ill or has had an accident
• If there is an incident during school hours

In England, Wales and Scotland, you are protected against discrimination as a carer under the Equality Act 2010. This means it is illegal to discriminate against a carer because of their responsibilities as a carer, or because of the individual(s) they care for.

This is because you're counted as being 'associated' with someone who is protected by the law because of their age or disability. Carers in Northern Ireland will be protected under the Human Rights Act and Section 75 of the Northern Ireland Act.

If you think you have been discriminated against or harassed because of your duties as a carer, Citizens Advice can help you understand your rights and what to do next.

It is completely up to you whether you tell your employer that you are a carer. Letting them know can help you access support to make juggling work and care easier.

You may want to arrange time with your HR team to discuss any support that is offered by your organisation, for example, a carer’s policy, carers leave or an internal network.

If you do tell your employer, this will need to be an ongoing conversation. Your needs may change very quickly depending on your responsibilities or the health of the person you are caring for.

You may want to discuss:

• What support your organisation offers
• How your caring role may affect your work
• Any adjustments that you would find helpful
• A plan if you need to leave work suddenly
• Agreed actions or next steps. Writing these down so you both have a reference can be helpful.

You may or may not want to let your colleagues know about your caring responsibilities. This can help them to understand your needs and support you.

Some of your colleagues may also have caring responsibilities, and talking about your experiences may give ideas of how to speak to your employer or better understand what support is available. This could even lead to setting up a support group or employee network, if you don’t have one already.

Carer's Assessment

If you are caring for an adult who is disabled, ill or elderly, you are entitled to a carer’s assessment from your local council or trust.

If the council decides that you as a carer have eligible needs, the council has a legal obligation to meet these needs if you want them to. Some councils and trusts in England, Wales and Northern Ireland charge for carers support.

If they do, then they carry out a financial assessment to decide what, if any, contribution they charge. Carers in Scotland are not charged for support provided by the council.

You can check out the eligibility criteria on the website of the Social Care Institute for Excellence.

These links may also help:

• NHS
• Carers UK

Financial support

If you are spending 35 hours or more a week on caring, you may be eligible to claim Carer’s Allowance. There is a cap on how much you can earn and still qualify but this is an option you might want to look into, especially if you are having to reduce your working hours.

Find out more information here.

Your wellbeing

Being a carer can be rewarding. It can also be tiring, stressful or take a lot of physical and/or emotional energy. It can be easy to put yourself second or forget about your own needs too. It’s important to find ways to look after your wellbeing.

Research shows that being a carer can have impacts on your physical or mental health. Those with caring responsibilities are more likely to be in poor health - both physically and mentally – than those who don’t.

You may want to consider taking advantage of a carers break or exploring practical help to ease your caring responsibilities. You may also consider speaking to your EAP or joining a support group.

Over 600 people a day leave work to care for an elderly or disabled relative in the UK. If you are struggling to juggle work and care, or are considering leaving employment then it is important to consider the impact of this and any other options to consider.

You may want to think about the financial impacts. Carers often find work also gives them companionship, independence and a sense of ‘self’ outside of their carers role.

Before you decide to leave work or reduce your hours, let your employer know and ask to explore any options that could help make your working and caring roles more manageable. For your employer, these adjustments will likely be less time-consuming and more cost-effective than to recruit and train someone new.

You could ask your employer if they offer career breaks, early retirement or voluntary redundancy.

I’m 30 now but have been a carer since as early as I can remember. A few years ago I made contact with the local carers’ centre. They’re great and a real support.

~ anonymous