Question

To ask the Minister for Women and Equalities, what steps her Department is taking to help ensure that fathers who are the primary carers of their children are not discriminated against in the workplace.

Being a parent or a carer is not a protected characteristic under the Equality Act 2010. However, we are clear that the Act makes it unlawful for employers to discriminate (directly or indirectly) against a person because of or for reasons related to the protected characteristic of sex, or victimise them for bringing a complaint, in any of the areas covered by the Act.

For example, if a man is treated less favourably compared to his female colleague in relation to flexible working to accommodate childcare responsibilities, this could amount to direct sex discrimination. For fathers caring for a child with a disability, the disability discrimination protections in the Equality Act 2010 will apply to less favourable treatment because of being associated with a person with a disability.

Any father who feels he has been discriminated against can bring a claim at an employment tribunal. They may also contact the Equality Advisory and Support Service, which is funded by the Cabinet Office, and provides free bespoke advice and in-depth support to individuals with discrimination concerns.

We continue to keep the effectiveness of the Equality Act under review, however this is not an active area of work.