• New report from charity Carers UK highlights gaps in current legislation designed to protect against discrimination and inequality 
• 22% of carers say they have been treated unfairly at work
• 19% of carers say they have been treated unfairly by the public 

Charity Carers UK is calling on the Government to review the Equality Act 2010 and introduce caring as a protected characteristic following new research which shows that many people providing unpaid care say they have experienced discrimination because of their caring role.  

In the workplace, 22% of carers said they had experienced unfair or unfavourable treatment, with nearly a quarter of carers in employment (24%) saying that they had difficulties meeting their employer’s requirements because of their caring role.

Just under a fifth (19%) of those responding to the charity’s annual State of Caring survey said that they had been treated unfairly or unfavourably by the public, with many feeling judged by people unable to understand the needs of the person being cared for – particularly if the person being cared for had a mental health condition or learning disabilities.  

There are 5.7 million carers across the UK caring for an ill, older or disabled family member or friend and the latest Census 2021 data for England and Wales shows a substantial rise in the number of carers providing over 50 hours of care to just over 1.5 million.  

The Equality Act 2010 makes it unlawful to directly discriminate against or harass someone who is associated with someone with a protected characteristic, which means that carers should not be treated unfairly because they are associated with someone with a protected characteristic, such as disability or age. However, this is very poorly understood and implemented.  

Many unpaid carers often feel invisible, overlooked and undervalued. 55% of people responding to the Carers UK survey said they need better understanding and recognition of carers from the general public.  

Carers UK is now calling for caring to be made a protected characteristic by updating the Equality Act 2010. The proposed change would place a new duty on public bodies to promote equality between people with caring responsibilities for older or disabled people, helping to make sure policies and practice are positive for carers.  

Introducing caring as a protected characteristic would also strengthen carers’ rights to protection from discrimination and harassment, and because the protected characteristics are well-known it would further raise the profile of carers.  

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.” 

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.” 

Carers UK has placed this campaign goal at the heart of its 5-year strategic plan because of its power to raise awareness and help change carers’ lives longer term. The organisation is calling on the Government to bring forward legislation to make this a reality for carers and is encouraging public authorities, employers, business and services to adopt the principle.  

Read the report here