Carer's Leave Bill

Debate between Wendy Chamberlain and Caroline Ansell

Committee stage
Wednesday 9th November 2022 Public Bill Committees

[Wendy Chamberlain]

I absolutely agree. There are so many different iterations of carers and who they are providing care to. I have certainly seen that myself. It is really important that the Government support the Bill, because that provides better recognition. We know that one of the UK’s productivity challenges is the number of people who are economically inactive, which has increased post covid. We also know that it tends to be older women, and if the Bill is an opportunity to help them to get them back into the workplace, that can only be positive.

The text of the Bill sets out in detail the legal framework for the entitlement. Large parts of it are very similar to other leave entitlements that are already in operation. That avoids adding complexity, both for employers and employees who will make use of carer’s leave. The main aspects of the entitlement are as follows: the Bill requires the Secretary of State to make regulations to entitle an employee to be absent from work in order to provide or arrange care for a dependant with a long-term care need. There will be no qualifying period, meaning that eligible employees will be able to make a request to take carer’s leave from the first day of their employment. A broad approach has been taken to defining the key terms of eligibility, a dependant and a long-term care need in order to ensure that eligibility is as open as possible, and can encompass the many different circumstances in which a dependant might need care.

I will pause on that element to highlight its importance, because a significant issue is simply getting carers to recognise themselves as such and, therefore, as entitled to support. As I said on Second Reading, my husband is a carer to his mother but would not recognise himself as a carer. Over half of carers take more than a year, and 36% take three years, to recognise themselves as such. As those are the proportions of carers who now see themselves as such, there is potentially an unsurveyed cohort that we do not know about. Making the definition as broad as possible is vital to start conversations, and to show people the different forms that care can take and, vitally, that support is available.

The Bill’s overall objective is to ensure that carer’s leave is available to those caring for someone with a significant and long-term care need, but flexibility and a light-touch administrative burden are fundamental features of the new entitlement. It will allow for a proportionate process to be put in place through regulations to enable employers to plan and manage absences arising from carer’s leave.

[Caroline Ansell (Eastbourne) (Con)]

I commend the hon. Lady on her work, and the Government on their support for this important Bill. She will not be surprised to learn that more than one in 10 residents in my constituency are a carer for a loved one or near neighbour. My understanding from my constituents and the business community is that they are supportive of the Bill, and that employers may fear nothing from it. Those with caring responsibilities do not even tend to take the allowance given to them, but the flexibility and recognition is what makes it so incredibly valuable.

[Wendy Chamberlain]

I thank the hon. Member for her intervention. When we engage with employers on such things, they recognise the importance of retaining and motivating their staff. They invest in their training and development and want them to stay with them. I think the Bill will really help employers on that front, and as a result will help their employees as well.

No amendments have been tabled to the Bill, so I will now discuss the clauses and schedule in greater detail. Clause 1 is uncontroversial and is simply the route to provide for the substance of the Bill through the schedule. For the legislation to achieve its policy aims, it may be necessary to amend existing legislation, and clause 2 allows for that to happen. Clause 3 addresses a procedural point, setting out the extent of the Bill, making provision for commencement and providing the short title. I commend the clauses to the Committee.

The substance of the Bill is contained in the schedule. This is the most important part of the Bill. Part 1 of the schedule creates carer’s leave as a concept by inserting proposed new sections into the Employment Rights Act 1996. First, this part of the schedule covers who is entitled to carer’s leave. The key definitions of a dependant and a long-term care need are set out in the Bill. The schedule then goes on to address the length of the entitlement, which shall be a minimum of one week.

A cap on the length of leave that employers will be required to offer is not set out in the Bill but will be included in regulations. As set out in the Government’s response to the consultation on carer’s leave, I understand that it will be one week. Of course, there is no cap on the amount of leave that employers can offer if they wish. I am sure that we all know from speaking to employers and others in our constituencies that there are employers who go far above what is set out in the Bill. Regulations may also provide for how the leave can be taken, which includes providing that the leave is available to be taken non-continuously. Regulations can provide that particular activities are, or are not, to be treated as providing or arranging care, but I understand that the Government’s intention is not to further define those activities.

Part 1 goes on to set out the protections offered to employees while they are on carer’s leave. In particular, it provides that regulations must create an entitlement for employees to return from carer’s leave to a type of work prescribed by those regulations. That sounds technical, but basically it covers remuneration, bonuses, redundancies and when the leave is taken immediately after other types of leave, such as maternity. This part of the schedule also allows for regulations to be made to address notice, evidence and procedural requirements. A framework will be created through regulations that will be clear and simple for employers and employees to follow. Importantly, the Bill makes it particularly clear that the regulations can provide that an employer cannot require an employee to supply evidence in relation to their request for leave. Finally, part 1 of the schedule sets out when an employee may make a complaint to an employment tribunal. I commend it to the Committee.

Part 2 of the schedule contains further amendments to primary legislation affected by carer’s leave. It sets out the consequential amendments that will be required to ensure that the measure is effective and does not have an adverse impact on existing legislation. I do not propose to explain each in turn; I will simply commend part 2 as a whole. I thank Members for their time, interest and presence this morning.