Carers UK has released a report urging the government to amend the Equality Act 2010 to recognise caring as a protected characteristic. The report reveals that many unpaid carers face discrimination, with 22% experiencing unfair treatment at work and 24% struggling to meet employer demands due to their caregiving roles. Despite existing protections, the law is often misunderstood and poorly implemented. Carers UK believes that adding caring as a protected characteristic would enhance legal protections and raise awareness of carers' rights.[MORE]
Current legal framework
The Equality Act 2010 currently does not recognise caring responsibilities as a protected characteristic. This means that unpaid carers may face discrimination in various aspects of their lives, including employment, without specific legal protections. The existing protected characteristics under the Act include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Recent developments in carer's rights
While caring is not yet a protected characteristic, there have been recent developments to support carers in the workplace:
The Carer's Leave Act 2023, which came into force on 6 April 2024, introduces a statutory right for employees to take one week of unpaid leave annually to care for a dependent with long-term care needs.
This new legislation provides a "day-one" right, meaning employees can access this leave from the start of their employment without any minimum service requirement.
Gaps in current legislation
Despite these advancements, Carers UK's research suggests that the current legal framework may not adequately protect carers from discrimination:
The existing legislation focuses primarily on providing leave entitlements rather than comprehensive protection against discrimination.
Carers may still face challenges in balancing work and care responsibilities, with many considering reducing hours or leaving work altogether.
The lack of protected characteristic status means carers may not have the same level of protection against unfair treatment or dismissal as those with other protected characteristics.
Potential benefits of protected characteristic status
If caring were to become a protected characteristic under the Equality Act 2010, it could lead to:
Enhanced legal protection against discrimination in various areas of life, including employment, education, and access to services.
Greater recognition of the challenges faced by carers and the value of their contributions to society.
Increased employer obligations to make reasonable adjustments for employees with caring responsibilities.
What can employers do now?
Offer flexible working arrangements and promoting a carer-friendly workplace culture.
Implement specific carer's leave policies that go beyond the statutory minimum.
Provide training and support for managers to better understand and accommodate the needs of carers.
Create internal support groups for peer support and information sharing.
Offer more than the statutory minimum of one week's leave
Provide paid carer's leave as an additional benefit
Allow carers to keep their phones on during meetings for emergencies
Provide a private space for carers to make personal calls or take breaks
Implement a system to track carer's leave requests and usage
Ensure all relevant policies are up to date and compliant with the new legislation
Further reading
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