22/ Carer's Leave

From 6th April 2024, the Carer's Leave Regulations provide up to one week’s unpaid leave to employees with long-term caring responsibilities.  There is no requirement for a particular length of service to be eligible for Carer’s Leave.

PROVISIONS 

Carers must be responsible for care of a dependent. A dependent is broadly defined as “a person who reasonably relies on the employee for care” who has a long-term care need such a as long-term illness, disability or issues with old age.

 A long-term care need is a long-term illness or injury likely to last for more than three months, disability as defined by The Equality Act 2010, or issues relating to old age.

This can be a spouse, civil partner, child, parent or household member (excluding lodgers or boarders).

For these purposes, a week is based on the number of days you normally work in a week. Where weekly hours vary, a week’s leave will be calculated by averaging the hours worked over the previous 12 months.

MAKING A CARER'S LEAVE REQUEST 

Any employee with long term caring responsibilities is able to submit a request for Carer's Leave in any 12-month rolling period to arrange care for a dependent.

Only one request can be made per 12 months, regardless of the number of dependents.  The request should ideally be made in writing and should be submitted giving the greater of twice as many days as the period of leave requested, and three days in advance.

A request should include:

●       The date or dates the leave will start and finish

●       That the employee is entitled to Carer’s Leave

POSTPONING CARER'S LEAVE 

The Company is not able to decline a request for Carer’s Leave but it may postpone it if:

●       It reasonably considers that the operation of the business would be unduly disrupted by allowing the request

●       It allows the employee to take the same length of leave starting on a date determined by the employer after consulting with the employee, which must be within a month of the first day initially requested; and

●       It gives the employee a written notice within seven days of the initial request, setting out the reason for the postponement and the agreed dates on which the leave can be taken.

This will only be done after full consideration has been given to the needs of the business and whether any adjustments can be made to accommodate the leave.

HANDLING MULTIPLE OR CONFLICTING REQUESTS 

If you have submitted a request after an application from a colleague has been formally agreed, the Company will consider revisiting the first request but there is no obligation on the Company to revoke the recently agreed arrangements.

The Company will consider each request on its own merits.  If it is not possible to agree both requests due to one of the above stated business reasons, your manager will speak with you to establish if a compromise or adjustment can be made.

If this is not possible, the Company may consider one of the following actions, although this is not exhaustive:

●       Choosing a name at random.

●       Asking for volunteers with existing request to change their arrangements.

Once a decision has been made, you will be notified in writing.  If your request has been agreed, you will receive a new contract of employment to sign. The Company may impose a trial period and the contract will state the right to revert to your original working patterns should the new arrangements not work in practice.

APPEALS PROCEDURE 

If your application has been rejected or modified, and you wish to appeal against the decision, you should do so in writing within five working days of the date of the decision letter. 

An appeal will be held by an impartial manager (where practicable) and would normally be completed within 10 working days.  You may be invited to a further meeting to discuss the grounds of your appeal or to seek clarification of anything which is unclear. Your manager may be accompanied by an HR representative. You may bring a work colleague or Trade Union representative with you if you wish.

The Company will endeavour to complete the entire process within three months including any appeal. If this is not possible, it will seek your agreement to an extension.