Ban on age discrimination in provision of services comes into force

The ban on age discrimination in the provision of services and public functions has come into force this week, with ministers warning that organisations which continue with unjustifiable practices could face legal challenges.

The prohibition applies – with some exceptions – to any person or organisation that is:

• Providing (or refusing to provide) goods, facilities or services to another;
• Carrying out (or refusing to carry out) a public function for another;
• Running an ‘association’ like a private members’ club.

The Government Equalities Office stressed that health and social care would not benefit from any of the exceptions to the new regime.

“This means that if unjustifiable age-based practices are occurring anywhere in this sector, they should stop or will be open to challenge,” it said.

The new law – the last part of the Equality Act 2010 to be implemented – applies to those over the age of 18 and affects England, Wales and Scotland.

The GEO, which has produced a general guide to how the ban on age discrimination in services will work, insisted that the prohibition was designed to catch only those actions or omissions that result in “genuinely unfair” discrimination because of age.

It added: “In certain circumstances age discrimination can continue by exception, positive action or by objective justification, which means justifying age discrimination on the grounds that it is a proportionate means of achieving a legitimate aim.”


There are exceptions allowing differential treatment in areas such as the provision of free bus passes or free flu jabs for older people, or commercial discounts for younger or older people.

Insurers and financial services providers will still be able to use age in their assessments of risk in relation to the services they provide.

Businesses selling age-restricted goods such as alcohol, fireworks, cigarettes and so on will continue to be able to ask for proof of age, where a customer appears to be younger than a particular age such as 25.

Positive action which treats people differently according to their age will be allowed. “This is when the action being taken prevents or compensates for disadvantages experienced by, or meets the particular needs of, such age groups; or when it encourages people from particular groups to take advantage of opportunities when underrepresentation has been identified,” the GEO guide said.

“Positive action might allow, for example, libraries to offer dedicated ‘silver surfer’ sessions to older people to help them learn how to access the internet and gain confidence in working online. Positive action needs to be objectively justified if challenged.”

Where an organisation has policies or practices that amount to age discrimination in the provision of services, and they neither come within an exception nor qualify as positive action, they will still be lawful if they can meet the objective justification test.

The GEO guide gives some examples of legitimate aims and proportionate means of achieving them.

Claims for compensation will have to be brought under the Equality Act before county courts in England and Wales and the sheriff court in Scotland within six months of the alleged act of discrimination taking place.

The GEO said that before bringing legal proceedings, people who feel they have been treated less favourably as a result of their age should first seek to resolve their dispute with the provider of the service or public function.

Care and Support Minister Norman Lamb said: “People quite rightly expect dignified care that meets their needs – irrespective of their age.

“By introducing this age discrimination ban, we are making sure that there is no room for assumptions about age or discrimination of any kind in health and social care." 



Helen Grant, Minister for Women and Equalities, said: 
“Discrimination can affect people at different times of their lives - both old and young people may be treated in a different way simply because of their age.



“This sort of prejudice has no place in modern society and it is right that we introduce legislation that will protect people from unfair treatment. Not only are we providing protection against age discrimination, but we have been careful to ensure that the law strikes the right balance between protecting older people and allowing business to make sensible decisions.”

The ban has been welcomed by the Equality and Human Rights Commission, which said evidence showed that older people suffered discrimination due to their age, “their treatment being based on stereotypes around their age, rather than as individuals”.

John Wadham, general counsel at the EHRC, said: "The new ban on age discrimination in services is a significant change in the law; one that the Commission has always supported.

"Most types of beneficial age-based treatment can still continue and many businesses won't need to change their practices. However, everyone should be aware of the fact that the ban has now come into effect.”

Wadham added that over the next few months the EHRC would be publishing guidance and working with businesses, public bodies and individuals to explain the new regulations.

The Government has launched an Equality Advisory and Support Service (EASS) that will give advice and support to individuals who feel they are being discriminated against.

The ban is separate from the ban on age discrimination by employers against employees.

Philip Hoult