Carers, Work, Equality and Human Rights

Carers, Work, Equality and Human Rights

Carers and Equality

Carers Northern Ireland want carers to Carers Northern Ireland want carers to have the same right as everyone else to an have the same right as everyone else to an ordinary life – a fair level of income, access ordinary life – a fair level of income, access to support to protect their health and well to support to protect their health and well being, and access to the world of work, being, and access to the world of work, leisure and educationleisure and education

We seek to empower carers. We want We seek to empower carers. We want carers to be recognised and involved as carers to be recognised and involved as key partners in the provision of health and key partners in the provision of health and social care servicessocial care services

Definition of Carers

Carers look after family, partners or friends in need of help because they are ill, frail or have a disability.

The care they provide is unpaid

Every year in the UK…..

•10,000 people have a stroke

•36,000 people are seriously injured in a road accident

•27,000 children are born or diagnosed with a serious disability or rare syndrome

•220,000 are diagnosed with cancer

•2,500 are diagnosed with MS

•Carers are not a static group – in NI, around 64,000 people move in and out of caring situations each year •3 out of 5 people will care at some stage in their working lives. The vast majority of carers (80%) are of working age •Half of all carers are trying to balance work and care

Who cares in Northern Ireland ?

2001 census figure is 185,000

17.6% of adults in 2004 reported some

caring responsibilities

Carers unpaid work is worth £3.12 billion

62% of carers are female38% are male

Our response to change

Pairs

Impact of Unsupported Caring

IncomeSocial IsolationHealth and emotional wellbeing

Carers’ Expressed Needs

incomerespiteresponsive support servicesrecognitionInformation

Government ResponseCarers & Direct Payments Act NI (2002)

Valuing CarersCaring for Carers (Jan 2006)

Employment Relations Order (1999)The Work and Families Act (2006)

Section 75, Northern Ireland Act (1998)

Provisions of Carers and Direct Payments Act

•Right to Information•Right to Assessment•Services to Carers•Direct Payments

Employment Legislation

•Employment Relations (NI)Order 1999

•Work and Families (NI) Order 2006

Associated Regulations: The Flexible

Working (Eligibility, Complaints &

Remedies) (Amendment) Regulations

(NI) 2006

Do Carers Want to Work?

•7 out of 10 carers under 50 and 8 out of 10 carers aged 50 – 60 reported being forced to give up work

•Nearly 80% of carers wished to return to work if they could.

“Work offers a life beyond caring – a normal life”

Why Support working carers?

Providing support to carers can achieve•Lower staff turnover•Reduced recruitment & training costs •Greater productivity (BT estimate: 21%)•Lower absenteeism•Higher staff morale•More creativity and energy

“The cost of recruiting is incomparable to the cost of 2-3 days emergency leave”

Emergency leave

Article 10 of the Employment Relations (Northern Ireland) Order 1999 gives employees the right to take (unpaid) time off:

–to deal with any unexpected or sudden emergencies which may arise affecting dependants

–‘and to make any necessary longer-term arrangements’

Flexible Working

•From 6th April 2007, employees who care for

a spouse, partner, civil partner, near relative or

someone living a the same address have had

the right to request flexible working

•Their employer has a statutory duty to

consider their requests, if they have been

employed for 26 weeks or more.

Is it working?

•Carers can still be forced to give up work due to lack of care services or flexibility at work:

•Attitudes of front-line managers are crucial  •Carers often face significant barriers in returning to work, and risk long-term financial and social disadvantage.

Barriers and Opportunities 

Come up with three things

•that might help or hinder a carer from staying in paid employment

•that may help or hinder a manager in supporting them

Working Carers - What Helps?

•Flexible starting and finishing times •Compressed working hours •Annualised working hours •Home-working and tele-working •Flexible holidays to fit in with alternative care arrangements •Access to a telephone•Reserved or nearby car parking spaces•Reasonable notice if shift patterns are changing or overtime is required

•“Retaining carers through support or special leave arrangements represents a saving to the company of about £1million a year” Large Employer

•“I’m a believer in give and take. If you are flexible with your employees, they’ll be flexible with you, for example, when extra cover is needed” Small Employer

•“I personally go the extra mile for them because I appreciate what they’re doing for me” Carer

Section 75

•The first legislation in the UK to recognise carers’ vulnerability to social exclusion, and to promote equality of opportunity for carers.

•It requires public bodies, when developing policies, to promote equality of opportunity between persons with dependants (carers) and persons without

•Public bodies must consult with carers

•It does not make discrimination illegal

Human Rights

Carers have the same right to rely on the protection of the Human Rights Act as any other citizen

•under the HRA ‘balancing’ framework, health and social services have to demonstrate they have considered the carer’s rights before making a decision

•relying on a blanket policy could be open to legal challenge

Carers and Human Rights

•Right to respect for private & family life (Art 8) –lack of suitable respite, reduction in services–autonomy/decision making – eg re giving up work –Impact on personal relationships–Blanket policies and services - one size does not fit all

•Right to life/health ( Art 2) –Carers risking own life by putting off operations or vital treatment due to lack of support services –Mental health issues for carers, due to pressures, lack of adequate rest, eg holidays

•No Inhuman or degrading treatment (Art 3) –Lack of help leading to a breakdown may constitute breach –Impact of lack of support for carer on the cared for person

Whose Rights?

Are everyone’s rights routinely considered equally?

•Paid staff member•Disabled or elderly person•Carer•Other users/clients•The wider community

Are they considered at all?

Research Findings

•Carers’ rights not adequately considered•Carers’ rights not real (eg carers assessment)•Resources inadequate to allow protection of rights•Good practice need not be expensive

‘Whose rights are they anyway?:Carers and the Human Rights Act

A way forward?

HRA offers a framework for:

•Balancing rights of carer and cared for (eg older /disabled) person

•Balancing rights of carers and paid staff.

•Balancing rights of carer and interests of community, including consideration of resources - if one gets an expensive service, does this reduce funding for/ rights to services for others?

Case study

•One comment for the floor on your case study

•One question for the panel arising from the issues raised

Valuing Carers

Underlying principlesreal & equal partnersfreely chosenlife outside caringresponsive servicesinvestment in carers