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  4. The Carer Sitting in Your Team, and What You Actually Owe Them
Legal

The Carer Sitting in Your Team, and What You Actually Owe Them

kate-underwood
10 June 2026
8 min read
The Carer Sitting in Your Team, and What You Actually Owe Them

Your most reliable employee might be a silent carer—juggling 6am calls, GP holds and sleepless nights. Before they burn out or resign, here’s what Carer’s Leave should mean.

#employee-wellbeing#employee-retention#carers-leave#working-carers#workplace-culture

Carer's Leave: the employee you never worry about

He's in by 8am. He never makes a fuss. His work is solid, week in, week out. Carer's Leave is probably the last thing you think he needs.

What you don't see is the 6am call to the care home. The lunch break on hold to the GP. The evening sorting his mum's medication, and four months without proper sleep.

He hasn't told you. He's worried it'll make him look unreliable. One day, not yet, he resigns, and you never quite understand why your most dependable person left. It's Carers Week, so let's talk about how supporting carers at work and using Carer's Leave keeps good people.

Why this is a business issue

It would be easy to file this under "be kind" and move on. Don't. Quiet caring costs small businesses some of their best people.

  • Around 1 in 7 workers in the UK is an unpaid carer. That is two people in a team of fourteen (Carers UK, State of Caring 2023).
  • Carers UK estimates about 600,000 people leave work each year due to caring, many saying they would have stayed with more flexibility (Carers UK, State of Caring 2023).

In a small business, every exit hurts. Recruitment spend, slower delivery, and the knowledge that leaves with them. Against that, a flexible start time or a few days of Carer's Leave is spare change.

The hidden performance cost

The carers who stay but get no support rarely perform at their best. Not through any fault of theirs. It's because nobody made it safe to say "I'm struggling this week". You lose the extra effort long before you lose the person.

What the law now expects on Carer's Leave and flexibility

Two big pieces here, and they often get muddled.

Carer's Leave is a day-one right

Since April 2024, employees who care for a dependant with a long-term care need have the right to up to one week, five days, of unpaid Carer's Leave per year. Day one, no qualifying service. It can be taken in half-days or full days, for planned or foreseen caring needs, and you cannot demand proof.

  • You can ask for reasonable notice.
  • You can postpone only in narrow cases, with a sound business reason and a rearranged date.
  • You cannot penalise someone for using Carer's Leave.

Read the statutory detail here: GOV.UK guidance on Carer's Leave.

Flexible working is also a day-one right to request

Employees can request flexible working from day one. You must handle requests reasonably and within the statutory timeframe. For carers, a small change often keeps them in work.

  • See ACAS guidance on flexible working.
  • Keep records of requests and outcomes, in plain English.

Equality Act and discrimination by association

Under the Equality Act 2010, treating someone unfavourably because they care for a disabled or elderly person can be unlawful. That includes hostile comments, overlooked opportunities, and unfair performance pressure. ACAS has a clear explainer on discrimination by association.

What the law does not require is a glossy policy or fancy perks. It asks you to apply Carer's Leave fairly, handle flexibility in good faith, and avoid any penalty for using rights.

Five small things that actually help

You don't need a big budget. You need to make it safe to ask, and you need a few basics ready before anyone has to.

1) Say the word "carer" out loud

Most carers don't call themselves carers. A single line in a team meeting or welcome chat helps. "If you're looking after someone at home, tell us, we'd rather know and help." It opens the door to Carer's Leave and sensible adjustments.

2) Write a one-page note, not a doorstop policy

Set out what you offer, including Carer's Leave, flexible start and finish times, and a private chat with a manager or HR. Add who to ask and a clear "no penalty" promise. One side of A4. Job done.

3) Flex first, formalise later

In a caring crisis, the help is small and immediate. A swapped shift, a later start for two weeks, permission to take a call at 11am. Say yes quickly where you can. Capture it after. Carer's Leave is there if time off is needed.

4) Protect the conversation

When a carer opens up, do not panic about cover. Listen, thank them, agree the immediate adjustment, and book a follow up. That call-back proves you meant it and keeps Carer's Leave on the table if things change.

5) Don't quietly penalise

No skipping the carer for the interesting project "because they've got a lot on". That risks discrimination by association and it's a fast way to lose them. Let them tell you what they can take on.

Mythbuster corner

"If I offer this to one person, I'll have to offer it to everyone."

Carer's Leave is already everyone's right if they meet the criteria. You are applying law, not inventing a perk. Flexibility is case by case on business grounds. That is allowed.

"They should keep home and work separate."

Fine in theory. Real life is messier. A parent in hospital does not stick to office hours. Make room for Carer's Leave and a little flex, and you get honesty and better planning.

"We're too small to support carers."

Small is your advantage. You can agree Carer's Leave or a 9.30am start in a single chat. No committees.

"Carer's Leave is paid, so it'll cost me."

Statutory Carer's Leave is unpaid. You can choose to pay it, but you're not obliged to. The cost of the right itself is close to zero.

Quick legal lowdown cheat sheet

  • Carer's Leave: up to 5 days unpaid per year, day-one right, no evidence required, reasonable notice, limited postponement only. Source: GOV.UK.
  • Flexible working: day-one right to request, handle reasonably, respond within time limits. Source: ACAS.
  • Discrimination by association: protected under Equality Act 2010. Source: ACAS.

Suggested expert quote to include in your policy pack:

"Flexible work and Carer's Leave are often the difference between keeping valued staff and losing them." Source to consider: ACAS policy adviser or Carers UK employer guide.

The seven-minute action list for this week

It's Carers Week. Good a prompt as any.

1. Read up on Carer's Leave so you know the right before anyone asks. Start with GOV.UK.

2. Add one line in your next team meeting that it's safe to mention caring, and that Carer's Leave is available.

3. Write the one-page carer note. Who to ask, what's available, and the no-penalty promise.

4. Check your flexible working process meets the new timeline and is easy to use.

5. Think, discreetly, about who might be carrying this. Make space for them to tell you, no pressure.

6. Brief managers on the right first response: thank, agree the next step, and follow up. Include Carer's Leave as an option.

7. Listen to this week's Buzzing About HR for the manager's-eye view.

The cheapest retention strategy you have

There's a version of this where your most reliable person burns out and leaves. And the version where you said, early and plainly, "tell us if you're looking after someone, we'll work with you". The cost gap is tiny. The outcome gap is huge.

Inclusion in a small business is simple. It's whether the person holding down two jobs feels able to say so. Make it safe to ask. Say yes where you can. Keep your promise. Kettle on. Standards Up.

Need help getting this in place?

If you'd like a one-page carer note, a flexible working process that works, or a quiet check on how your team is doing, that's what we do for SMEs.

  • Book a free HR Health Check to see where you're tidy and where you're exposed.
  • See HR Protect for ongoing policy and people support.
  • Book a discovery call to talk through your team.
  • Tune into Buzzing About HR, new episodes every Tuesday.

FAQs: Carer's Leave and supporting carers at work

  • What counts as a "long-term care need" for Carer's Leave?

A long-term mental or physical illness or injury, a disability as defined by the Equality Act, or care related to old age. See GOV.UK Carer's Leave.

  • Can an employee take Carer's Leave in half days?

Yes. Carer's Leave can be taken in half-days or full days, up to five days per year.

  • Do employees have to provide evidence to use Carer's Leave?

No. You can ask for reasonable notice, but you cannot demand proof.

  • Can I refuse Carer's Leave?

You can postpone in limited situations for business reasons and you must offer a new date. You cannot refuse the right outright.

  • How does Carer's Leave fit with time off for dependants?

Time off for dependants covers emergencies. Carer's Leave supports planned or foreseen care needs. Employees might use both across a year.

  • Can I offer paid Carer's Leave as a benefit?

Yes. You can choose to pay Carer's Leave. Make the rule clear and apply it consistently.

Kate Underwood

About Kate Underwood

HR consultant and founder of Kate Underwood HR. Providing HR Support for Small Businesses for over 10 years; in Hampshire, Dorset and across the UK.

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