Introduction
Age is a protected characteristic in the Equality Act. It is generally unlawful to treat someone differently due to their age, and the Equality Act outlines four main types of age discrimination: direct discrimination, indirect discrimination, victimisation and harassment.
However, the Equality Act also outlines some special circumstances when being treated differently due to age is lawful.
Read our Blog to understand your rights in relation to age discrimination
Understanding Age Discrimination
Age discrimination occurs when someone is treated differently based on their age in situations covered by the Equality Act 2010. While the Act aims to protect individuals from such discrimination, it does include exceptions, such as the lack of protection for students in school settings. Age discrimination can be a single action or the result of a policy and doesn’t need to be intentional to be considered unlawful. However, there are scenarios where age-based treatment is lawful, which we will explore below.
What the Equality Act Says About Age Discrimination
The Equality Act 2010 specifies that discrimination on the basis of age is unlawful. This applies if:
- You are (or are not) a certain age or in a certain age group.
- Someone assumes you are (or are not) a specific age or age group, known as discrimination by perception.
- You are associated with someone of a specific age or age group, known as discrimination by association.
Age groups can range from broad categories like ‘people under 50’ to specific ones such as ‘people in their mid-40s’. Terms like ‘young person’ or ‘pensioner’ also indicate specific age groups.
Different Types of Age Discrimination
There are four main types of age discrimination:
- Direct Discrimination
This occurs when someone treats you worse than another person in a similar situation because of your age.
Example: Your employer refuses to let you attend a training course because they think you are ‘too old’, while younger colleagues are allowed.
Direct age discrimination is allowed if the organisation or employer can provide a good reason for it, known as objective justification.
Examples of Objective Justification:
- A building company not hiring under-18s for safety reasons.
- A guest house charging higher rates for under-21s to deter potential damage but failing to justify it adequately.
- Indirect Discrimination
This happens when a policy or practice that applies to everyone puts people of your age group at a disadvantage.
Examples:
- A promotion policy requiring a postgraduate qualification, disadvantaging younger employees.
- An optician requiring employment for payment instalments, disadvantaging older, likely retired customers.
Like direct discrimination, indirect discrimination can be lawful if there is objective justification.
- Harassment
Harassment is behaviour that humiliates, offends, or degrades you.
Example: During a training session, a trainer repeatedly comments on an older employee’s slower learning pace due to age, causing distress.
Harassment cannot be justified, although an organisation might avoid liability if it took all possible steps to prevent such behaviour.
- Victimisation
Victimisation occurs when you are treated badly because you complained about age discrimination or supported someone who did.
Example: You help a colleague complain about ageist remarks at work and face poor treatment from your manager as a result.
Lawful Age-Based Treatment
There are specific circumstances where age-based treatment is lawful, including:
- Occupational Requirements: Certain roles necessitate a specific age, such as a young actor for a role in a film.
- Positive Action: Measures to support under-represented or disadvantaged age groups.
- Objective Justification: An employer may set a compulsory retirement age if it can be clearly justified for the role.
- Exceptions in the Equality Act: Certain employment or service provisions based on age.
- Age-Related Concessions: Offering benefits like discounted cinema tickets for seniors.
- Financial Services: Using age to determine service offerings, such as higher interest rates for senior savings accounts. Age limits for insurance must be supported by reliable risk assessments.
Understanding these nuances helps in recognising and challenging age discrimination while acknowledging when age-based treatment is legally justified. By promoting awareness and adherence to the Equality Act, we can work towards a fairer, more inclusive society for all ages.