Care for employees who care for others

The Carer’s Leave Act came into force a year ago. I wrote for this publication prior to its introduction, and concluded by asking whether its provisions would be enough. The Act provides for unpaid leave (up to a maximum of one working week per year) for those who have caring responsibilities for family members, or others, with disabilities, long-term health conditions or those who are suffering with the effects of old age. It also requires the employee to give notice in relation to such leave.

A February 2025 report by Carers Scotland says there are 627,700 unpaid carers in Scotland, with an estimated 270,000 people managing paid work alongside their caring role.

In relation to the impact of caring on employment, the report indicates that many carers have had to reduce their hours as a result of their caring role (42%) with around a third (34%) of working age carers saying they had given up work at some point as a result of their caring responsibilities. Many of those who gave up employment said this was because of the stress of their role.

Make sure your organisation's policies are up to date, says Blair Duncan

With the number of carers likely to increase, partly due to an ageing population, what can employers do to help those individuals in their workforces to ensure good talent is not lost?

Firstly, as a minimum, make sure your policies are up to date and that you offer the correct statutory entitlements. The Carers Scotland report suggests some employees aren’t aware of carer’s leave. In addition, beyond responses you might expect - an understanding manager and the right to request flexible working (which is now a “day one right”) - the report also outlines suggestions from respondents which could assist. Those included paid carer’s leave (70%) or a carer’s passport (81%).

The suggestion of paid carer’s leave is not surprising as the need to take unpaid leave from work is not likely to be attractive, particularly for those in lower paid jobs. Having a carer’s passport allows the employee to set out for the employer the demands of their caring role and what support they feel would be required from a manager. It’s a way to start the conversation.

That can be important so employers appreciate the extent of the employee’s role. Some carers may only provide care for a few hours a week, helping with shopping, errands or other appointments. For others, it could include undertaking a large amount of administration, or at the most demanding, personal care including washing, dressing and feeding. Being clear about that and what support the employee might need is a good first step.

The word "flexibility” comes up a lot and while I know uncertainty and frequent requests for change can be difficult for employers (and there can be genuine occupational reasons why requests won’t work), don’t dismiss those requests out of hand. Could they work, perhaps even with a small tweak?

Consider that, from a risk point of view, if your response is deficient - such as by ignoring requests for leave, inadequately addressing flexible working requests or not providing adequate support - your organisation could expose itself to liability for discrimination, most likely disability discrimination by association.

By supporting carers in your workforce, you will help retain brilliant people in your organisation and allow carers to thrive beyond their caring role.

Blair Duncan is an Associate, Blackadders