Consultation on new rights for unpaid carers and parents of seriously ill children

It has been just over two years since the introduction of statutory carer's leave and one year since neonatal care leave became law. Now the Government is consulting about what more it can do to those with unpaid caring responsibilities.

Although the consultation includes a focus on the specific issue of seriously ill children, the background to the proposals is a significant increase in the number of employees who are finding themselves with caring responsibilities for children, aging parents or other loved ones. Increasing numbers are part of the 'sandwich generation', i.e. caring for aging parents while also supporting their own children. The Government is seeking to gain information about the extent to which workers are aware of the rights available to carers and the ways in which those rights could be enhanced.

Employees who act as unpaid carers currently have access to a scattering of employment rights. Some of these are specific to carers, such as:

• up to one week's planned, unpaid 'carer's leave' in any 12-month period

• ad hoc unpaid time off to deal with emergency situations

Others can be used to assist with caring but are of more general application, such as the right to take annual leave, and the right to apply for flexible working, which is being enhanced in 2027 under the Employment Rights Act 2025. 

Parents also have access to unpaid parental leave and (for young babies only) neonatal care leave. 

However, there are obvious gaps in, and limitations to, all of these rights. One of these has been highlighted by the parents of Hugh Menai Davis, who died aged six from cancer in 2021, and who have campaigned for 'Hugh's law' through their charity It's Never You.

Now, the Government has issued a consultation paper, inviting feedback from employers and workers on the current law and a range of options and priorities for reform. Part of the consultation paper focuses on parents who find themselves with a seriously ill child and the need for a measure such as 'Hugh's law'. 

Options that are contemplated include:

• additional guidance for workers on their rights as unpaid carers;

•  changes to the eligibility requirements for carer's leave;

• extending unpaid carer's leave beyond the current limit of one week per year; 

• introducing a 'right to return' after a longer period of unpaid leave;

• introducing a short period of paid carer's leave;

• introducing 'Hugh's Law': paid leave for parents of seriously or terminally ill children.

If, as an employer, you have wondered how best to support employees with caring responsibilities, particularly those in difficult circumstances such as the serious illness of a child, or you simply feel strongly about the issues raised in the consultation paper, you can have your say on the options being considered. 

The consultation is open until 11.59pm on 1 September 2026. If you have any views that you would like the Withers employment team to express on your behalf, please don't hesitate to get in touch. If you would prefer to respond directly you can do so using the link above.