Carers UK is calling on the government to make caring a protected characteristic after its research found that many unpaid carers have experienced discrimination.
The charity wants a review of the Equality Act 2010 following findings from its report which it believes highlights gaps in current legislation designed to protect against discrimination and inequality.
This year’s State of Caring survey revealed that 22% of carers had experienced unfair or unfavourable treatment at work, while 24% faced difficulties in meeting their employer’s requirements due to their caring responsibilities.
The research, which is carried out annually, also found that 19% of respondents had been treated unfairly or unfavourably by the public. Many felt judged by those unable to understand the needs of the cared-for person, especially if they had learning disabilities or mental health conditions.
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Currently, someone can be directly discriminated against in circumstances where they do not possess a particular protected characteristic themself, but are associated with another person who does – so-called associative discrimination.
Although this law should protect carers, Carers UK says it is poorly understood and implemented.
Earlier this year, a software executive was awarded £90,000 after his employer was ruled to have discriminated against him in association with his wife’s cancer treatment. However, such cases are relatively rare.
Helen Walker, chief executive at Carers UK, said: “Without unpaid carers, our health and social care systems would collapse, and yet it’s shocking to see thousands say that they have experienced discrimination and unfair treatment.
“A widespread lack of support and recognition is having a severe impact for thousands of people who are providing vital, much-needed care.
“The law in relation to direct discrimination by association is not widely known or understood. We want to see caring as a protected characteristic in its own right – demonstrating that carers are valued by society and helping to transform the way that caring is perceived, as well as supporting practice change.”
It claims that unpaid carers regularly feel “invisible, overlooked and undervalued”. More than half of survey respondents (55%) said they need the general public to better understand and recognise the role of carers.
The charity is now urging the government to update the Equality Act, placing new responsibilities on public bodies to promote equality for carers and ensure positive policies and practices are in place.
It believes that making caring a protected characteristic would also boost carers’ rights to protect them from harassment and discrimination, as well as raise the profile of carers by ensuring the protected characteristics are well-known.
Caroline Waters, vice president of Carers UK and former vice chair of the Equality and Human Rights Commission, said: “Many employers will be aware of the law around direct discrimination, but the law around discrimination by association is not always covered in basic equality training for employers and even less likely for employees.
“Balancing work and care can be a real struggle, especially without good local services and flexible employers. A review of the Equality Act 2010 to introduce caring as a protected characteristic is vital to ensure positive progress in this area so that carers can feel confident asking for what they need to balance work and care and to challenge unfair treatment.
“It’s also critical that employers have clear guidelines and clarity on their obligations so they can proactively and confidently engage with carers. If these issues aren’t properly addressed many carers will feel they have no choice but to leave work.”
According to Census 2021 data for England and Wales, there are 5.7 million carers looking after an ill, elderly or disabled family member or friend in the UK. It also suggests there has been a big increase in the number of people providing care for more than 50 hours to around 1.5 million individuals.
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