UK: Government Consultations Update: Carers’ Rights and Zero Hours Reform

Authors: Charles Urquhart and Charlotte Stern 

The Government has launched further consultations, focusing on support for unpaid carers and the regulation of zero‑hours and low‑hours working arrangements.

Carer’s leave reform: a new consultation considers whether existing support for unpaid carers remains sufficient. Currently, employees are entitled to five days’ unpaid leave per year. The Government is seeking views on whether this should be extended and how best to support carers to stay in or return to work.

Three main options are proposed: (i) increasing the unpaid leave entitlement; (ii) introducing a “right to return” modelled on maternity leave, providing job protection during longer absences; and (iii) creating a new entitlement to paid carer’s leave. The consultation also considers different payment models, ranging from between 90% of pay down to rates aligned to statutory sick pay. In addition, “Hugh’s Law” proposals would introduce leave and financial support for parents following a child’s serious illness diagnosis. The consultation closes on 1 September 2026.

Zero‑hours and low‑hours reform: separately, the Government is consulting (until 25 August 2026) on how the ERA’s zero‑hours reforms will operate in practice. The aim is not to abolish zero‑hours contracts, but to address “one‑sided flexibility” while preserving genuine business need.

The key proposal is a right to guaranteed hours for workers on zero hours contracts or on contracts below a specific hours threshold, who regularly exceed their contracted hours over a reference period. The Government’s preferred approach is a threshold of 8–20 hours per week and a 12‑week reference period, although both remain open for consultation. The consultation highlights how technically complex this area would be to regulate, with issues under consideration including how to calculate guaranteed hours and how exceptions should apply to seasonal or temporary work.

The consultation also covers new rights for eligible workers to be given to reasonable notice of shifts and compensation for shifts cancelled or changed at short notice, with different options for notice periods and payment levels.  Note that agency workers are in scope, and enforcement is likely to involve both employment tribunals and the Fair Work Agency, with financial penalties for non‑compliance.

Key Action Points for Human Resources and In-house Counsel

These consultations point to increased statutory rights for carers and enforceable rights for those in more insecure work.  There remains, however, a lot to be decided in the operational details on both these topics, and we will keep you updated with the changes.