Caring and dependency are not protected characteristics under the Equality Act 2010. However, it is direct discrimination if an education provider or employer treats a person less favourably because of their association with another person who has a protected characteristic (this does not apply to marriage and civil partnership or pregnancy and maternity).
Discrimination by association can occur in various ways, for example, where an employee or student has a relationship of parent, son or daughter, partner, carer or friend of someone with a protected characteristic such as disability or age. The association with the other person need not be a permanent one.
The protected characteristic of dependency is subject to the duty placed on public authorities (which includes the OU) to have due regard to the need to promote equality of opportunity:
This entails more than the elimination of discrimination and requires proactive measures to be taken to ensure equality for people with caring and dependency responsibilities in our policies and decision-making.
Equality, Diversity and Inclusion
The Open University
Walton Hall
Milton Keynes
MK7 6AA
Email edi-team@open.ac.uk