Equality and Diversity graphic Age

Overview

The Employment Equality (Age) Regulations came into force in October 2006, outlawing discrimination in the areas of employment and vocational training (which includes the provision of higher education). The Regulations prohibit direct and indirect discrimination, and harassment and victimisation, on the grounds of age and apply to persons of all ages, both young and old. Direct discrimination can occur where an individual or group is treated less favourably than others because of their age. Indirect discrimination can occur where an institution applies a criterion, provision or practice which disadvantages people of a particular age.

Employees now have a statutory right to request working beyond compulsory retirement, which employers have the duty to consider. Employers must also give employees at least six months notice of their retirement date.

In relation to entry to an institution, prohibit unlawful discrimination

  1. in the terms on which it offers to admit a person to the establishment as a student;
  2. by refusing or deliberately not accepting an application for [his/her] admission to the establishment as a student; or
  3. where [s/he] is a student of the establishment
        i) in the way it affords [him/her] access to any benefits
       ii) by refusing or deliberately not affording [him/her] access to them
       iii) by excluding [him/her] from the establishment or subjecting [him/her] to any other detriment.

Discriminatory treatment under these Regulations will be lawful if it can be objectively justified, as being a proportionate (that is, necessary and appropriate) means of achieving a legitimate aim (such as the protection of vulnerable groups or health and safety considerations). However, the legitimate aim cannot be related to age discrimination itself and must be based on hard evidence rather than assumptions - whether or not discriminatory treatment can objectively justified will depend on the individual circumstances of each case.