Rights for unpaid carers: consultation 

On 9 June 2026, the Department for Business and Trade (DBT) launched a new consultation, Make Work Pay: employment rights for unpaid carers and parents of seriously ill children, which closes for responses on 1 September 2026.  

The consultation forms part of the Government’s ongoing review of statutory carer’s leave under the Carer’s Leave Act 2023, which currently gives employees a right to take up to one week of unpaid leave each year to care for a dependant with long-term needs. This right was first introduced in April 2024, and the Government committed to a review in its October 2024 Next Steps to Make Work Pay.  

It is important to note that the consultation does not set out firm proposals. Instead, it seeks evidence on whether existing rights are “fit for purpose” and explores a range of potential reforms, emphasising the need to balance support for carers with the impact on employers.  

The consultation specifically invites views on these proposals:  

1. Extending unpaid carer’s leave: increasing the current right beyond five days of leave, up to 10 (or beyond), and considering whether different levels of leave entitlement might apply in different circumstances.  

2. Introducing a longer unpaid leave entitlement: a protected period of longer absence for eligible carers for up to 12 months, with a statutory ‘right to return’ to operate in a similar way to maternity leave. This is anticipated to apply in situations such as the provision of end-of-life care. 

3. Introducing a short period of paid leave: suggestions are one or two days, up to five or more, to be paid at either a statutory rate (equivalent to SSP or SMP) or a percentage of salary. 

4. A new right for parents of seriously ill children to take paid leave (Hugh’s Law): the proposed length of leave being up to 12 (or more) weeks, paid at a statutory rate or a percentage of salary. The consultation seeks views on eligibility for this new right, and what would amount to a ‘serious illness’. 

The Government is also seeking views on whether employers and employees can access and understand existing rights, and what additional guidance may be needed.  

New research published in conjunction with the consultation, based on interviews with unpaid carers, suggests that awareness of the current statutory right to take carer’s leave is mixed and uptake is limited. The research confirms that the lack of any pay entitlement for the current statutory right is the primary barrier to employees taking it. Many carers opted to take paid annual leave or sick leave, or use flexible working arrangements, rather than lose income.   Suggested improvements to increase uptake included making the leave paid, increasing the length of the entitlement, and preventing employers from delaying requests for time-critical medical appointments. Raising awareness of the leave and providing clearer guidance on carers’ rights were also identified as important factors. 

The Birketts view

The Government accepts that there needs to be a careful balance between additional support given to carers and the likely costs to business. The consultation states that any future action must be “affordable, proportionate, and represent value for money for taxpayers”, as well as being “mindful of the pressures on employers, particularly small and micro-businesses”. 

It is clear that the Government has not yet decided on any specific reforms, but recognises the case for enhancing current rights for carers to take leave and improve participation. Introducing a limited period of paid leave appears likely, but the timescale for any changes to take effect is currently unknown. Once the Government’s response to the consultation is published (likely later this year), the policy direction will become clearer – at which point employers will need to start considering what steps are necessary to ensure compliance.