Further legal protection for parents and carers enacted

1st June 2023 Royal assent has recently been given to a number of pieces of legislation that extend the rights and protections given to working parents and carers.

Three Acts of Parliament, which started out as Private Members’ Bills, have received Royal Assent. They are:-

• The Neonatal Care (Leave and Pay) Act,
• The Carer’s Leave Act, and
• The Protection from Redundancy (Pregnancy and Family Leave) Act.

The Government has stated that the aim of the new legislation will be to help increase workforce participation, protect vulnerable workers and provide a level playing field.

The Neonatal Care (Leave and Pay) Act will allow eligible employed parents whose new-born baby is admitted to neonatal care take up to 12 weeks of paid leave. Many observers may ask at this point if that right is already covered by the paid maternity leave provisions already in place. However, the aim of the legislation is to make this a free- standing right, so it will be an entitlement that a relevant working parent can take in addition to other leave entitlements such as maternity and paternity leave.  

The Protection from Redundancy (Pregnancy and Family Leave) Act will allow the extension of existing redundancy protections whilst a worker is on maternity leave, adoption leave, or shared parental leave, so that the period of pregnancy and a period of time after a new parent has returned to work will receive protection from redundancy. Many people will be aware that such protections currently apply to an employee while on maternity leave. This legislation is aimed to extend the periods of protection during the pregnancy and for a while after the birth, ie not just being strictly while the employee is on maternity leave.   

As the country is facing an increase in the elderly population, and those that are in need of care, and figures from the ONS indicate that there are now roughly 5 million unpaid carers in the UK carers in the UK, a large number of which are of working age, the right to carer’s leave has been the subject of calls for change from many charities. Carers UK give figures that suggest that 75% of carers in employment worry over juggling work and their care responsibilities. Carers UK also estimate that this will potentially impact 2 million people that are in work and also providing unpaid care. The new Carer’s Leave Act will provide a new statutory right to leave for employees who are caring for a dependent with long-term care needs. It should be observed that the right will be to leave, and not paid leave. The devil will be in the detail, and obviously it will be in the interests of both employees and employers for the relevant procedural requirements to be simple and straightforward.   

Royal Assent to the three pieces of legislation was granted on the 24th May 2023, but the secondary legislation, which typically sets out the details of the practical steps associated with the Acts of Parliament, have yet to be published.       

The introduction of the new legislation should prompt employers with the opportunity to review their staff polices and procedures covering these topics.

If you need any further advice on any matter raised in this article do not hesitate to contact us at Hallett Employment Law Services Ltd.