Response to consultation on ending age discrimination in services and public functions

The Government Equalities Office consulted on options for exceptions to the Equality Bill's ban on age discrimination in services and public functions. This is a summary of the Commission’s response to the consultation, which closed on 30 September 2009.

Summary

The Commission is pleased to support the Government's lead on age. But extending protection to age discrimination in services should be carried forward with greater confidence than is suggested by these proposals, particularly in the way that exceptions are framed. We note that the policy direction of this consultation paper appears to run counter to the Department for Work and Pensions' recent strategy document, Building a society for all ages.

In responding to this consultation, the Commission has taken a principled approach. We argue that any exceptions to the general prohibition on age discrimination in services and public functions should be justifiable as a proportionate means of achieving a legitimate aim. This is the principle adopted in other areas of discrimination law and it is also consistent with human rights principles. We believe that certain age-based practices cannot be justified under this test, although we have no objection to marketing targeted at particular age groups.

With regard to the timetable for implementing these measures, we think that 2012 allows sufficient preparation time for service providers. Any date later than this would result in a loss of momentum and would call into question the commitment to make the changes signalled in the Bill.

Our response examines in detail possible exceptions to the ban on age discrimination in health and social care, financial services, as well as other age-based rules that give rise to concessions and benefits for older or younger people - including age-targeted holidays. We also argue that under-18s should be brought within the scope of the new legislation, and that the Equality Bill should be used as an opportunity to abandon the national default retirement age of 65.

Download the full response here (word)

See also: Equality Bill pages

Last Updated: 07 Oct 2009