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Age

The Employment Equality Regulations 2003 (Age) makes in unlawful to treat people unfavourably without justification because of their age, or if a person is harassed or victimised because of their age.

Age discrimination law

Age discrimination law currently applies only in employment and vocational training where you have been treated less favourably without justification because of your age. This is not currently applicable to goods and services, though Human Rights Law may give some protection in these areas.

The regulations apply to all aspects of employment and training, including

There regulations would make it unlawful to discriminate in employment or training through;

Those protected are

The regulations do not apply currently, to the provision of services, goods and facilities.

There are a limited number of circumstances when it is lawful to treat people differently because of their age but there must be 'objective justification' in each case.

For example, it can sometimes justifiable to adopt an age-specific approach to the delivery of vocational education or training – provided this is a fair means of achieving a genuine aim. An example of this would be an organisation increasing the participation rate of a specific age group on a training course to ensure that this age group is more represented in the workforce. This is lawful and an example of positive action to improve integration in to the workforce developing a more representative workforce.

An objective justification allows an employer to discriminate both directly and indirectly on the basis of age. They must however, show that the discrimination is 'proportionate' and contributes to a legitimate aim.

Proportionate means that:

In some circumstances, it may be lawful for an employer to treat people differently if there is a 'genuine occupational requirements' for a job holder to be of a particular age. For example, a younger actress would be required to play the role of a teenager in a film.

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This page was last modified 10/12/2013 12:41:54

Website URL : http://www.mansfield.gov.uk/index.aspx?articleid=1530