Search Legislation

Carer’s Leave Act 2023

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Carer’s Leave Act 2023 (Schedules only)

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Carer’s Leave Act 2023. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 1

SCHEDULEU.K.Carer’s leave

PART 1U.K.Carer’s leave

1U.K.The Employment Rights Act 1996 is amended as follows.

Commencement Information

I1Sch. para. 1 not in force at Royal Assent, see s. 3(3)

I2Sch. para. 1 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

2U.K.After section 80I insert—

PART 8BU.K.Carer’s leave

80JCarer’s leave

(1)The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section in order to provide or arrange care for a dependant with a long-term care need.

(2)For the purposes of subsection (1)

(a)a person is a dependant of an employee if they—

(i)are a spouse, civil partner, child or parent of the employee,

(ii)live in the same household as the employee, otherwise than by reason of being the employee’s boarder, employee, lodger or tenant, or

(iii)reasonably rely on the employee to provide or arrange care, and

(b)a dependant of an employee has a long-term care need if—

(i)they have an illness or injury (whether physical or mental) that requires, or is likely to require, care for more than three months,

(ii)they have a disability for the purposes of the Equality Act 2010, or

(iii)they require care for a reason connected with their old age.

(3)The regulations must include provision for determining—

(a)the extent of an employee’s entitlement to leave under this section;

(b)when leave under this section may be taken.

(4)Provision under subsection (3)(a) must secure that where an employee is entitled to leave under this section the employee is entitled to at least a week’s leave during any period of 12 months.

(5)The regulations may make provision about how leave under this section is to be taken (including by providing for it to be taken non-continuously).

(6)The regulations may provide that particular activities are, or are not, to be treated as providing or arranging care for the purposes of this Part.

80KRights during and after carer’s leave

(1)Regulations under section 80J must provide—

(a)that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence,

(b)that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and

(c)that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80L.

(2)Regulations under section 80J may provide that where provision made by or under Part 8 provides for a reference to absence on leave under a section of that Part to include a reference to a continuous period of absence attributable—

(a)partly to leave under that section of Part 8, and

(b)partly to leave under another section of that Part,

absence attributable to leave under section 80J is to be ignored in any determination of the continuity or duration of such a period.

(3)In subsection (1)(a), “terms and conditions of employment”—

(a)includes matters connected with an employee’s employment whether or not they arise under the contract of employment, but

(b)does not include terms and conditions about remuneration.

(4)Regulations under section 80J may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.

(5)Regulations under section 80J may make provision, in relation to the right to return mentioned in subsection (1)(c), about—

(a)seniority, pension rights and similar rights;

(b)terms and conditions of employment on return.

80LSpecial cases

(1)Regulations under section 80J may make provision about—

(a)redundancy during or after a period of leave under that section;

(b)dismissal (other than by reason of redundancy) during a period of leave under that section.

(2)Provision by virtue of subsection (1) may include provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).

80MPart 8B: supplemental

(1)Regulations under section 80J may—

(a)make provision about notices to be given and other procedures to be followed by employees and employers;

(b)make provision requiring employers or employees to keep records;

(c)make provision for the consequences of failure to give notices, to keep records or to comply with other procedural requirements;

(d)make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

(e)make provision about the postponement by an employer of a period of leave under section 80J;

(f)make special provision for cases where an employee has a right which corresponds to a right under section 80J and which arises under the person’s contract of employment or otherwise;

(g)make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under section 80J;

(h)make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80J;

(i)make different provision for different cases or circumstances;

(j)make consequential provision.

(2)Provision under subsection (1)(a) may, in particular, provide that an employer cannot require an employee to supply evidence in relation to a request for leave under section 80J before granting that leave.

(3)Provision under subsection (1)(i) may, in particular, provide for the meaning of “a week’s leave” in section 80J (4) to be determined by reference to the number of days normally worked, or required to be worked, by an employee in a particular period.

(4)The cases or circumstances mentioned in subsection (1)(i) include an employee providing or arranging care for more than one dependant during any period of 12 months; and regulations may, in particular, make special provision regarding the applicability and extent of the entitlement to leave in such circumstances.

80NComplaint to employment tribunal

(1)An employee may complain to an employment tribunal that their employer—

(a)has unreasonably postponed a period of carer’s leave, or

(b)has prevented or attempted to prevent the employee from taking carer’s leave.

(2)The tribunal must not consider the complaint unless it is made—

(a)before the end of the period of three months beginning with the date (or last date) of the matter complained of, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be made before the end of that period of three months.

(3)Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

(4)The tribunal, if satisfied that an employer has acted as described in subsection (1)(a) or (b)

(a)must make a declaration to that effect, and

(b)may award compensation to be paid by the employer to the employee.

(5)The amount of any compensation must be the amount the tribunal considers just and equitable in all the circumstances, including—

(a)the employer’s behaviour, and

(b)any consequential loss sustained by the employee.

Commencement Information

I3Sch. para. 2 not in force at Royal Assent, see s. 3(3)

I4Sch. para. 2 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

3U.K.In section 236(3) (orders and regulations subject to affirmative procedure), after “80G,” insert “80J,”.

Commencement Information

I5Sch. para. 3 not in force at Royal Assent, see s. 3(3)

I6Sch. para. 3 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

PART 2U.K.Further amendments to do with carer’s leave

Employment Rights Act 1996U.K.

4U.K.The Employment Rights Act 1996 is amended as follows.

Commencement Information

I7Sch. para. 4 not in force at Royal Assent, see s. 3(3)

I8Sch. para. 4 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

5U.K.In section 47C (leave for family and domestic reasons), in subsection (2), after paragraph (bb) insert—

(bc)carer’s leave,.

Commencement Information

I9Sch. para. 5 not in force at Royal Assent, see s. 3(3)

I10Sch. para. 5 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

6U.K.In section 88 (liability of employer to pay employee during period of notice: employments with normal working hours), in subsection (1)(c), after “shared parental leave,” insert “carer’s leave,”.

Commencement Information

I11Sch. para. 6 not in force at Royal Assent, see s. 3(3)

I12Sch. para. 6 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

7U.K.In section 89 (effect of notice of termination: employments without normal working hours), in subsection (3)(b), after “shared parental leave,” insert “carer’s leave,”.

Commencement Information

I13Sch. para. 7 not in force at Royal Assent, see s. 3(3)

I14Sch. para. 7 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

8U.K.In section 99 (leave for family reasons), in subsection (3), after paragraph (bb) insert—

(bc)carer’s leave,.

Commencement Information

I15Sch. para. 8 not in force at Royal Assent, see s. 3(3)

I16Sch. para. 8 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

9U.K.In section 191 (Crown employment), in subsection (2)(c), for “8A,” substitute “8B,”.

Commencement Information

I17Sch. para. 9 not in force at Royal Assent, see s. 3(3)

I18Sch. para. 9 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

10U.K.In section 192 (armed forces), in subsection (2), after paragraph (c) insert—

(ca)Part 8B,.

Commencement Information

I19Sch. para. 10 not in force at Royal Assent, see s. 3(3)

I20Sch. para. 10 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

11U.K.In section 194 (House of Lords staff), in subsection (2)(e), for “6A, 7, 8 and 8A” substitute “6A to 8B”.

Commencement Information

I21Sch. para. 11 not in force at Royal Assent, see s. 3(3)

I22Sch. para. 11 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

12U.K.In section 195 (House of Commons staff), in subsection (2)(e), for “6A, 7, 8 and 8A” substitute “6A to 8B”.

Commencement Information

I23Sch. para. 12 not in force at Royal Assent, see s. 3(3)

I24Sch. para. 12 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

13U.K.In section 199 (mariners)—

(a)in subsection (2), for “6A, 7, 8 and 8A” substitute “6A to 8B”;

(b)in subsection (8)(d), for “6A, 7, 8 and 8A” substitute “6A to 8B”.

Commencement Information

I25Sch. para. 13 not in force at Royal Assent, see s. 3(3)

I26Sch. para. 13 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

14U.K.In section 202 (national security), in subsection (2), after paragraph (e) insert—

(ea)Part 8B,.

Commencement Information

I27Sch. para. 14 not in force at Royal Assent, see s. 3(3)

I28Sch. para. 14 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

15U.K.In section 205 (remedy for infringement of certain rights), in subsection (1), after “VIII,” insert “Part 8B,”.

Commencement Information

I29Sch. para. 15 not in force at Royal Assent, see s. 3(3)

I30Sch. para. 15 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

16U.K.In section 206 (institution or continuance of tribunal proceedings), in subsection (2), after paragraph (e) insert—

(ea)Part 8B,.

Commencement Information

I31Sch. para. 16 not in force at Royal Assent, see s. 3(3)

I32Sch. para. 16 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

17U.K.In section 235 (definitions), in subsection (1)—

(a)at the appropriate place insert—

  • carer’s leave” means leave under section 80J,;

(b)in the definition of “week”, in paragraph (b), before “and 86” insert “, 80J”.

Commencement Information

I33Sch. para. 17 not in force at Royal Assent, see s. 3(3)

I34Sch. para. 17 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

Income Tax (Earnings and Pensions) Act 2003U.K.

18U.K.In Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (enterprise management incentives), in paragraph 26(3)(b), after “shared parental leave,” insert “carer’s leave,”.

Commencement Information

I35Sch. para. 18 not in force at Royal Assent, see s. 3(3)

I36Sch. para. 18 in force at 4.12.2023 by S.I. 2023/1283, reg. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources