Part of the debate – in Westminster Hall at 4:30 pm on 14 May 2025.
I am grateful for that update on the progress of the Employment Rights Bill in the other place last night. My party’s policy is for paid carer’s leave, and I am conscious that my Act only formalised some of the less formal arrangements that many people undertake, but it hopefully prompts conversations with the employer. I hope the Government review will look at paid carer’s leave and introduce it sooner rather than later. I would be more than happy if my Act were superseded.
One year on, the question is whether the policy is working. What do we know so far? It is clearly far too early to see an impact on poverty or even net employment rates, and I do not think the legislation that was passed is significant enough for that. Even if the statistics were available, there are too many moving parts to isolate cause and effect, but by now we should have a feeling of how well the Government are communicating advice about carer’s leave to businesses. Are businesses updating their policies and systems for requesting and recording leave? Are they training their managers? Do their employees know about their rights? Would they feel comfortable using them? Has the dial been moved at all towards more carer-friendly workplaces?
My big worry in the first few months after the regulations passed was that the Government were not doing enough to tell businesses about the new rights and what was required of them. I accept that at that time we obviously had a general election and a new Government. For too long, the main advice on gov.uk was on a webpage for new businesses setting up for the first time. I am happy that that seems to have been remedied, and that using the search engine to look for carer’s leave makes the right page pop up, but I am less comforted by the lack of resources on carer’s leave, or on unpaid carers at all, on the Department for Business and Trade’s website.
Yesterday, my team searched for “carer’s leave” and found no results under “guidance and regulation”, no results under “research and statistics”, one result under “policy papers and consultations” and three under “news”, two of which were from when the law was passed two years ago. It appears that the Government’s only interest in carer’s leave is in announcing a review into how it is working. Given that I secured this debate, I am clearly happy to see how things are going and how we can improve them, but I venture to say that the Government risk abandoning their responsibilities to working carers if they do not take an interest in promoting the leave that is available right now. What are they doing to ensure businesses, big and small, know about the rights of their employees and are supported in implementing them? How is this information getting out to business owners and busy managers, who simply do not have the time to look up a right that they might not even know exists? The Department for Business and Trade and the Treasury have more power to reach companies than any other organisation. If the review finds later this year that companies did not know about the leave, and therefore that it has been ineffective, DBT will need to look at its own failings and at the fact that it did not do more.
The enforcement of legal rights is not the only way the Department can encourage carer-friendly workplaces. Businesses could be signposted to a whole range of resources, including guidance from the Chartered Institute of Personnel and Development and the Employers for Carers network. Carer Positive in Scotland is done with the Scottish Government, and I am pleased to say that my office is a Carer Positive employer. There is no reason why similar initiatives could not at least be encouraged down here.
As to what is happening with businesses, we can get something of a snapshot from an employer survey report published by Carers UK in January. I say “something of a snapshot” for one big reason: the employers answering the surveys are those already tapped into the networks and already alive to the issues facing carers, so low levels of reform could indicate that less reform is needed because policies were already in place, and high improvements could be because the self-selecting group is motivated to go above and beyond. But there are some really promising findings in the responses. Almost 90% of responding organisations reported no challenges in implementing the Act. More than half have a dedicated carer’s leave policy, compared with less than a quarter before the legislation came in. Some 23% of organisations saw an increase in uptake of their internal networks or support groups for employers. Many responded in free text that the law change had prompted greater understanding about what it means to be a carer, and about how people can move in and out of that status.
But there are a number of factors that I am worried about. The Government should be worried about them too, and should be looking at fixing them immediately, as well as in the longer review. Only three quarters of organisations told their employees about the new right—remember that these are the ones more likely to take action. That tallies with other research, which found that only two thirds of working carers know about carer’s leave. Hundreds of people become carers every day, and most people do not pay attention on their intranet or in their work emails to things that are not relevant to them, so unless that information is easily accessible and reiterated regularly, the chances are that salience among working carers will continue to lessen as time passes.
Even for employees who know about the right, there is a reported reluctance to be open about caring responsibilities or to request time off: 15% of respondents to the State of Caring survey said that they were worried about a negative reaction to taking time off for caring. It is deeply worrying that some respondents said that even though their organisations had policies in place, their line managers blocked requests for support. We should never be hearing reports such as:
“I work for a large public sector organisation, how you are treated all depends on that one single manager”,
or,
“My employer offers flexible working but my line manager doesn’t and says carer’s leave is for emergencies only which it isn’t.”
Given the integral need for line managers to implement carer-friendly policies, it is vital that businesses offer internal training and guidance. It is therefore worrying that of the organisations that responded to the survey on carer’s leave, only a quarter had specifically raised awareness or provided training to managers on implementing the right to leave. If the kind of organisations that are already tapped in to Carer Positive networks are not doing that, it is not hard to imagine what is happening in areas where there is low support for carers. There is a role for the Government to make sure that rights for working carers are a reality, not just a piece of paper.
Finally, there is the elephant in the room that is paid carer’s leave, which has already been referred to, and whether people can afford to take time off. I have always said that I want to see the legislation amended and upgraded. Last year, I worked with the Minister for Employment Rights, Justin Madders, on the Delegated Legislation Committee considering the then draft Carer’s Leave Regulations 2024. I recall that he, too, wanted it to be paid. He might reflect on his own frustrations with how long it took to see that law through, and ensure that the can is not kicked down the road.
I will leave it to colleagues to look to the future, but today, I urge the Government to take steps so that the current law—the Carer’s Leave Act 2023—can reach its potential, is known about, talked about and accepted in our workplaces, and that it sparks conversations on what it means to be a carer and how work can be made to work for the unpaid carers that we all rely on.