Carer’s Leave Regulations 2024

Baroness Pitkeathley Excerpts

Tuesday 6th February 2024 Grand Committee

[Baroness Pitkeathley (Lab)]

My Lords, I too thank the Minister and his officials. I declare an interest as vice-president of Carers UK. As my friend the noble Baroness, Lady Tyler has said, I have been working on this issue for many decades. I first put forward the idea of a carer’s leave Bill in 1990. When I am at my most pessimistic, I ask whether all I have achieved in 30-odd years is five days’ unpaid leave for carers. When you look at it like that, it ain’t much—but it is a very important step, as the noble Baroness said. When I am feeling optimistic—mostly, I am a glass-half-full person— I recognise what an important step this is in looking at the needs of working carers. Their need is not only for finance, although many of them are struggling with the cost of living; they need extra money now, so they need to keep on working in their jobs. If they do not, they build up future poverty for themselves for the future, because they cannot contribute to pensions. That causes a problem for society down the line. It is also of tremendous psychological import and benefit to carers to remain in the workplace as long as they can. This will help them do it.

The carers’ movement has always been opportunistic. I see this very much as a stepping stone. We now have unpaid leave—the next step is paid carer’s leave. Believe me, we will not give up on that. This is a very good time to be doing this, as we have elections coming up and manifestos to be written in which we might think about paid carer’s leave.

When thinking about new employers who will look through this legislation, we should remember the excellent employers who already do this. Employers for Carers, an organisation convened by Carers UK, has many wonderful examples of employers who already recognise carers without the need for legislation and recognise that a small change in working practices—the kind of flexibility that the Minister mentioned—makes a very big change to carers’ lives. Sometimes just allowing a carers’ group in the workplace will provide a very adequate method of support.

Those employers have recognised that carers are among the most dedicated people in their workforce and that retaining them and enabling them to continue their paid work will save a fortune in recruitment and retention. These employers and the new ones who will come into the fold following this legislation and the regulations will very much be beneficiaries, as carers will be, of this Act. They will understand that making carers the subject of this Act and giving them these extra rights makes sound economic sense. We are not just making a moral case for carers; there is a very sound economic case for keeping 2 million carers in work longer than they would otherwise be. As I always remind your Lordships, carers save the nation £162 billion every year, the cost of another health service, through their unpaid work.

I too was going to raise the issue of parent carers with the Minister, but my friend the noble Baroness, Lady Tyler, has already done it. Do the Government have any plans for an awareness campaign to ensure that carers, who are often isolated, will have the opportunity of working with the voluntary organisations in the field? Carers must be made aware of this new and very welcome right.

[Lord Fox (LD)]

My Lords, so much of life on these Benches feels a little like pushing water up a hill. If you will excuse me for mixing the medium, this was like pushing an open door; it really has been a delight. I feel very lucky because, as both the previous speakers pointed out, they have been operating in this field for decades whereas I, in a sense, picked this Bill up by luck. My friend, Wendy Chamberlain, in the Commons, won the ballot and chose this Bill to bring forward. As I am representing that particular department, I got the good fortune of sponsoring the Bill. I am very pleased, but also humbled, as I came late to this piece.

This is also, I think, the third Minister we have had during the course of the Bill. This, of course, allows me to repeat all the speeches I made to the previous Ministers as a novelty. The Minister’s explanation of the effects of the Bill were excellent. We all, in our different ways, understand the impact it will have on people’s lives and on employees’ lives.

The point I emphasise, though, is that it creates a conversation that carers can safely have with their employer for the first time on this subject. It means that carers who have been in the workplace can come out as carers in the workplace—because they have previously had to worry about whether it would affect their relationship with their employer. The Bill allows them to have a conversation where they can be safe to have that conversation in the place they are.

The points made about the benefits to the economy and the employer are huge. During the run up to this Bill, we talked to a number of large, medium and small employers that were already doing it voluntarily. They found that the benefits far outweighed the very small expense they had to stump up. Simply having to recruit someone is an extremely expensive exercise. We know there is a shortage of skills anyway, but to lose an employee because they have to stay at home and care for someone is a very expensive loss to a business, if the employee is a long-standing and well-established person.

The point about communication is vital. It is not just about communicating to the carers, who need to know this is available to them; it is also about communicating to the employers that it is now on the statute. I am sure the department has a plan, but it would be interesting to hear something about it, either today or in writing. For example, Make UK, which used to be the EEF, has a strong HR support division. It is one of their businesses and what they do. Part of the service that businesses get from being affiliated to Make UK is HR support, and legal and regulatory support. That organisation should be hit really hard with the information on the Bill—if it has not been already—so that it understands the role of employers in not just allowing it but promoting it across their workforce.

There is still a lot of work to be done in terms of getting the information out there. It should not just be employees demanding it—employers should be fully aware of what is now available. So who is going to be accountable for the communication process? In the end, that is going to be the success, of otherwise, of this measure. If people have to find it out through the ether, there is going to be a very slow take up. I am sure that Carers UK will put it out there, but there is a lot of extra work to do.

Once again, I thank the Government for supporting it. It has been a pleasure to help the Government to meet one of the things in their manifesto, although I doubt I will be making a habit of it. For this one, however, thanks to the Government and His Majesty’s loyal Opposition. Most of all, I thank the campaigners who got us this far. The reason we were able to do this is because it was unpaid; it cut out all of the small print that would have been in the legislation, but it establishes a point. I take the point made by the noble Baroness and I hope, in future, that we will be able to take that and move it forward to a bigger and better thing—but we should not diminish the significance of this particular provision.

Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Bill [HL]

Baroness Pitkeathley Excerpts

Committee stage
Thursday 14th December 2023 Grand Committee

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, if there is a Division in the Chamber while we are sitting, this Committee will adjourn as soon as the Division bells are rung and resume after 10 minutes.

Amendment 12

Moved by

Carer’s Leave Bill

Baroness Pitkeathley Excerpts

Friday 3rd March 2023 Lords Chamber

[Baroness Pitkeathley (Lab)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Young, and I thank him and, indeed, the noble Lord, Lord Fox, for their very kind words. It has always been a privilege to be working for carers and I have always been fired up by being in contact with carers and being inspired by their contribution and their need. It is a pleasure that John and Patrick, two carers, are with us below Bar today.

Your Lordships will know that the Bill in front of us represents an issue that is close to my heart and that when it comes to Private Members’ Bills I have previous form. It goes right back to 1995, when my much-respected colleague, the late Malcolm Wicks, took the first Private Member’s Bill for carers through the House of Commons. I was not in your Lordships’ House then, but I was chief executive of Carers UK and doing what Carers UK continues to do: providing support and leading the campaigning to get better recognition for carers, as it has been doing for more than 50 years in one guise or another.

That first Bill, the Carers (Recognition and Services) Bill, was not all that we wanted it to be, but it was a vital milestone in the fight—and I use the word “fight” advisedly—for recognition of carers. We learned in that particular fight a very important lesson: it is better to get something on the statute book and use it subsequently to move on rather than risk the ideal being the enemy of the good.

That lesson was further learned in two more Private Members’ Bills, by which time I was a Member of your Lordships’ House and had the honour of seeing them through this House. It is a lesson I have firmly in my mind today as we contemplate this Bill, so ably introduced by the noble Lord, Lord Fox. Its provisions are modest—some might say modest in the extreme—but they are of great significance.

Many of us have campaigned for many years to secure additional rights to better support people who are juggling paid work alongside their unpaid caring responsibilities. Indeed, I remember very well the Caring Costs campaign that Carers UK set up nearly 30 years ago. Interestingly, it was funded by a government grant—we must bear that in mind, perhaps. It was a ground-breaking piece of work which looked at unpaid carers’ experiences of being out of work and what would make a difference to them being able to return to work. That report from 1996 recommended a week’s, even two weeks’, unpaid leave for carers to be able to combine work and care, so this Bill has been a long time coming.

As the noble Baroness, Lady Tyler, will no doubt tell the House, she has tried previously on several occasions to bring forward legislation—unsuccessfully. I am therefore very pleased that this Bill, brought forward by Wendy Chamberlain MP last year, following the absence of an employment Bill, has made it this far.

As we have heard already, millions of people provide unpaid care to family members and friends in communities across the United Kingdom. While many do so gladly, willingly and with love, it often comes at great personal cost because carers do not receive the support and recognition they need.

A key benefit of the Bill will be to raise the profile of unpaid carers further by helping employers and other employees better understand what caring is. It is too often seen as a private matter and, as we have heard, carers are reluctant to identify themselves. The word “carer” is still not well understood and is often muddled up with “care worker”—although nowadays, thankfully, your computer is a little less likely to change it to “career”, as it always used to do.

While carers face many challenges, one area that can be particularly difficult is continuing to remain in paid employment while providing unpaid care. All too often, the assumption is made that you simply cannot do this—it has to be one or the other. I have lost count of the number of carers who have said to me, “It was a no-brainer. When my mother was going to be discharged from hospital, they automatically assumed that I was going to give up my job to care for her.”

The latest Family Resources Survey finds, as we have heard, that 2 million people undertake paid employment alongside their caring responsibilities. Research from Carers UK indicates that these numbers could be far higher, because of carers’ reluctance to identify themselves. So it is only right that we take steps to support carers to remain in work where they want to do so.

The stresses and strains of having to combine work and care have led to hundreds of thousands of carers having to leave the labour market or reduce their hours of work, as we heard from the noble Lord, Lord Fox. Having to leave work has a significant impact on carers’ finances, of course. Carers UK found that two in five carers who have given up work or reduced their working hours to care were around £10,000 to £20,000 per year worse off as a direct result. It also has a negative impact on carers’ pensions; more than half of unpaid carers are unable to save anything for retirement. This has huge implications for carers and the economy in the long term, with many left penniless in later life with the resulting effects and stress on the benefits system.

Beyond income, staying in paid work has a significant emotional effect on carers who can manage to do it. We know that mental well-being is higher among working carers in organisations that provide support than among those that provide no support. As one carer said, “I currently work two days a week and find hospital appointments clashing with workdays very stressful. I feel guilty about asking to swap days or take time off and guilty about not being able to attend appointments. A policy that allowed me unpaid leave would be good. I don’t think my employer is aware or understands what caring is like.” That is the case with many employers, although we must also pay tribute to the many employers that have taken up the carers’ cause and aim to provide support in their places of work.

However, while the Bill has significant benefits to carers themselves—supporting them to remain in work and improving their health and well-being—there are sound economic reasons for ensuring that carers are able to remain in work. The UK economy and the productivity of business and employers, including the public and voluntary sectors, depend on retaining their skilled and knowledgeable staff. Crucially, that increasingly includes employees who are trying to combine work with unpaid caring responsibilities. We know how many skills carers develop during their caring lives—not just the obvious caring skills but organisational and administrative skills, which can be of great value to employers.

Certain sectors of our economy are particularly reliant on employees who combine working and caring. For instance, the latest NHS England staff survey found that one in three NHS staff also provides unpaid care. It is vital that they are supported to remain in work, especially considering the current health and care workforce shortages, of which we are all only too well aware.

The Bill’s provisions will also have a positive effect on employers. Evidence shows that providing carer’s leave leads to increased productivity for employers by improving their staff retention rates, reducing their recruitment costs—we all know how much it costs to recruit a new member of staff—and supporting the health and well-being of their workforce, leading to far less absenteeism. The Bill will also bring economic gains for the Treasury through increased productivity, as more carers will be able to stay in work rather than having to reduce their hours or leave the labour market altogether, and thus pay more tax to HMRC.

It is clear to me that all parties will benefit from this legislation; it is a win-win situation. The Bill is well drafted and allows for the flexibility that is necessary for it to work in practice for both employees and employers. It is particularly welcome that the Bill will enable employees to take carer’s leave to care for a very wide range of people: a spouse or civil partner, a child, a parent, a person who lives in the same household or a person who may not be living in the same household but who still relies on you to provide care, and of course the definition of “dependant”, as we heard from the noble Lord, Lord Fox, is widely defined, and that is very welcome too.

The Bill also allows employees to take carer’s leave for a wide range of reasons, such as providing personal or practical support, helping with official or financial matters including phoning and being on the internet, providing personal and medical care, or making care arrangements. Anyone who has ever tried to make such arrangements knows just how time consuming that is: making contacts, being passed from one to another and inevitably waiting for the call backs which do not come.

While we still need to go further in providing support for carers to help them to continue work and care, I see this Bill as a vital first step and as a commitment that in future we can ensure them even more rights in their workplaces, and I will look forward to participating in that legislation in the future.