Calls For Caring To Become The 10th Protected Characteristic

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A campaign led by Carers UK is calling for caring to be added as the 10th protected characteristic, the existing 9 protected characteristics being sex, pregnancy and maternity, sexual orientation, race, religion or belief, age, disability, gender reassignment, and marriage and civil partnership

Working Carers - Current Protections

The only protection that working carers currently have under the Equality Act 2010 is under section 13, which covers discrimination by association. However, Carers UK argue that this only provides working carers with limited protection and that caring should be added as a specific protected characteristic.

In a report published back in 2020, Carers UK argued that: "the concept of protected characteristics was relatively well understood (compared with the current position of ‘discrimination by association’) and that this would help increase visibility of carers in the workplace.....it would be a useful lever to drive consistency of support for working carers."

As a result of the findings contained within the aforementioned report, the call for caring to become the 10th protected characteristic was formally adaopted as a key part of Carers UK's 'Vision 2025' 5 year strategy / campaign.

Paid Leave For Carers

In addition to campaigning for caring to become the 10th protected characteristic, Carers UK are also campaigning for paid leave for working carers.

New Legislation

As we reported back in September 2021, the Government have announced that working carers will have a day 1 right to 1 week’s unpaid carers leave. This can be used flexibly, with an employee entitled to take from as little as half a day at a time, or to take the whole week at once.

It was thought that the new right to 1 week’s unpaid carers leave for working carers would form part of the Government's Employment Bill, and that the Employment Bill would be included in the 2022 Queen's Speech. However, as the Employment Bill was missing from the Queen's Speech, and given that there is uncertainty as to whether any Employment Bill will appear, it could be that the new proposed right to 1 week’s unpaid carers leave will be enacted as part of separate legislation.

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Whilst the new right to 1 week’s leave for working carers will be unpaid, as opposed to paid, Carers UK described the announcement as “an important step forward.” On behalf of Carers UK, its Chief Executive, Helen Walker, stated: “Giving employees with caring responsibilities a legal right to unpaid carer’s leave and the ability to request flexible working from day one of starting their job is an important step forward for UK workers and could make a difference to millions – enabling carers to support their relatives whilst staying in work, maintaining social connections and improving their financial stability.

Cost of Living Crisis

Meanwhile, in addition to the issues of paid leave for carers and making caring a protected characteristic, Carers UK are warning that working carers are "facing unprecedented financial difficulties" as a result of the cost of living crisis.

In a new survey of 3300 carers, Carers UK found that 45% were already struggling to meet their monthly expenses, and that any further increases would have a highly detrimental impact upon both carers and those they look after.

For those on Carer’s Allowance or the Carer Element of Universal Credit, the situation has become so bad, Carers UK report, that 58% of those carers fear that they will have to use a foodbank

Call For Action

Given this, Carers UK are calling upon the Government to "increase Carer’s Allowance and other benefits so they rise in line with current inflation predictions......, immediately extend the Warm Home Discount scheme to ensure that it include carers on the lowest incomes....., [and to increase] the earnings limit for those claiming Carer’s Allowance.....and to provide a Carer’s Allowance Supplement to all carers with an entitlement in England, Wales and Northern Ireland – as those in Scotland have received since 2018 – so all carers across the UK receive the same level of support."

Last Updated:  Thursday, May 12, 2022

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