Age discrimination under the Equality Act 2010

What does the Act prohibit?

The Equality Act 2010 prohibits discrimination (whether direct or indirect), harassment and victimisation on the ground of a person’s age.

What is direct discrimination?

Direct discrimination occurs where a person treats another person less favourably than he or she treats or would treat others on grounds of their age.

However, conduct which would on the face of it amount to direct discrimination is permitted if the conduct amounts to a proportionate means of achieving a legitimate aim.

What is indirect discrimination?

Indirect discrimination occurs where a provision, criterion or practice, which is applied or would apply equally to persons not of the same age group, puts persons of a particular age group at a disadvantage.

Conduct which can be shown to be a proportionate means of achieving a legitimate aim is, however, permitted.

What is harassment?

Harassment occurs where a person is subjected to unwanted conduct related on grounds of their age which has the purpose or effect of violating their dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

What is victimisation?

Victimisation occurs where a person is subjected to a detriment by reason of the fact that he has (or it is believed that he has or may) carried out one of the following acts:

  • brought or given evidence or information in proceedings brought under the Act;

  • the doing of something for the purposes of or in connection with the Act.

  • made an allegation that a person has contravened the Act.

However, the giving of false evidence or information, or the making of a false allegation is not protected by the Act if it is given or made in bad faith.

Does the Act apply only to the elderly?

The Act applies to anyone who is discriminated against, harassed or victimised on the ground of their age. It, therefore, applies to the young as well as the elderly.

In what circumstances does the Act apply?

Unlock this article now!

 

For more information on:

  • Employment
  • Education
  • Provision of services to the public
  • How is the Act enforced?