Understanding Your Rights as an Unpaid Carer:

Protection Against Discrimination and Harassment

If you’re an unpaid Carer for an elderly or disabled person, it’s essential to know that the law recognises and protects your rights. Caring for someone with specific needs can sometimes mean facing unfair treatment or barriers in various aspects of life. Fortunately, the Equality Act 2010 offers essential protections for Carers across England, Wales, and Scotland, with similar protections under legislation in Northern Ireland. This article explains how the law shields you against discrimination and harassment, applies to your caring role, and what to do if you experience unfair treatment.

1. How Does the Law Protect Carers Against Discrimination?

Under the Equality Act 2010, unpaid Carers have legal protections against discrimination and harassment, as the law considers you to be ‘associated’ with a person who has a protected characteristic, such as age or disability. This safeguard means you cannot be treated unfairly due to your connection with the person you care for.

In Northern Ireland, Carers have similar protections under the Human Rights Act and Section 75 of the Northern Ireland Act, which requires public bodies to promote equality for Carers—an important step toward building more inclusive, Carer Friendly Communities.

2. Where Could Unfair Treatment Happen?

Unfair treatment can happen in many areas, and the Equality Act protects against discrimination in:

  • Employment – from job applications to workplace practices
  • Education – in schools, colleges, or universities
  • Housing – whether you’re buying or renting
  • Goods and Services – including shops, restaurants, and public services
  • Public Authorities – including councils, the NHS, and local authority schools

If discrimination occurs in any of these areas, understanding your rights is essential, as the Equality Act may provide protection against unfair treatment.

3. Protected Characteristics Under the Equality Act

The Equality Act safeguards individuals from discrimination based on specific characteristics, called “protected characteristics,” which include:

  • Age
  • Disability
  • Gender reassignment
  • Marriage or civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

As a Carer, you may face discrimination by association if you experience unfair treatment due to your connection with someone who has one or more of these characteristics. This is especially relevant for Carers of individuals with disabilities, as the law specifically protects against discrimination in this context.

4. Types of Discrimination

The Equality Act outlines several forms of discrimination Carers may encounter:

  • Direct Discrimination: Occurs when someone is treated less favourably due to a protected characteristic, such as disability. For example, being denied a job because of your caring responsibilities could be considered direct discrimination.
  • Indirect Discrimination: Refers to rules or policies that appear neutral but disadvantage people with certain protected characteristics. For instance, if a workplace policy inadvertently disadvantages Carers, it may be indirect discrimination.
  • Discrimination by Association: Occurs when you’re treated unfairly because of your association with a person who has a protected characteristic. For example, if your employer treats you unfairly due to your role as a Carer for a disabled family member, it’s known as discrimination by association.
  • Harassment: Includes unwanted behaviour linked to a protected characteristic that creates an intimidating, hostile, or humiliating environment. Carers may experience harassment due to their association with someone who has a protected characteristic, like disability.

5. Taking Action if You Experience Discrimination

If you believe you or the person you care for has been treated unfairly due to a protected characteristic, take these steps:

  • Record the Incident: Document what happened, where, when, and any witnesses.
  • Seek Advice: Organisations like Citizens Advice, Carers UK, and disability rights groups can provide guidance.
  • Raise the Issue: If possible, address the matter informally with the individual or organisation involved. Open communication can often resolve issues.
  • Consider Legal Action: For serious cases, consider seeking legal advice to explore formal action options.

Your Rights Matter

Discrimination and harassment can add significant challenges to an already demanding Carer role. By understanding your rights, you can better protect yourself and advocate for fair treatment. Remember, you deserve to live and work in an environment that respects your invaluable contribution. If you need support, reach out to organisations that understand Carer rights and can offer assistance.