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 encountering unfair treatment or barriers in various aspects of life. Fortunately, the Equality Act 2010 provides essential protections for Carers across England, Wales, and Scotland, and similar protections apply under legislation in Northern Ireland. This article explains how the law protects you against discrimination and harassment, how it 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 as ‘associated’ with a person who has a protected characteristic, such as age or disability. This legal safeguard means that you can’t be treated unfairly due to your connection to the person you care for.

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

2. Where Could Unfair Treatment Happen?

Unfair treatment can happen in many areas of life, 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 – covering shops, restaurants, and public services
  • Public Authorities – including councils, the NHS, and local authority schools

When discrimination happens in any of these areas, it’s essential to understand your rights, as the Equality Act may provide protection against unfair treatment.

3. Protected Characteristics Under the Equality Act

The Equality Act protects individuals against discrimination based on specific characteristics, called “protected characteristics.” These 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 a person who has one or more of these characteristics. This is particularly relevant for Carers looking after someone with a disability, as the law specifically protects against discrimination in this context.

4. Different Types of Discrimination
The Equality Act outlines several types of discrimination that Carers may encounter:

Direct Discrimination: Direct discrimination happens when someone is treated less favourably due to a protected characteristic, such as disability. For example, if you’re denied a job because of your caring responsibilities, this could be direct discrimination.

Indirect Discrimination: Indirect discrimination refers to rules or policies that seem neutral but disadvantage people with certain protected characteristics. If a workplace policy inadvertently disadvantages Carers, this could be considered indirect discrimination.

Discrimination by Association: This form of discrimination happens when you’re treated unfairly because of your association with a person who has a protected characteristic. For instance, if your employer treats you unfavourably because of your role as a Carer for a disabled family member, this is known as discrimination by association.

Harassment: Harassment includes any 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, such as 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, you can take the following steps:

  1. Record the Incident: Note what happened, where, and when, as well as any witnesses.
  2. Seek Advice: Organisations such as Citizens Advice, Carers UK, and disability rights groups can provide guidance.
  3. Raise the Issue: If possible, raise the matter informally with the individual or organisation involved. Many issues can be resolved through open communication.
  4. Consider Legal Action: In serious cases, you may want to seek legal advice on whether formal action is an option.

Your Rights Matter

Discrimination and harassment can create significant additional challenges for Carers, who already have demanding roles. 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 their invaluable contribution. If you need support, do not hesitate to reach out to organisations that understand Carer rights and can provide assistance.