The Equality Act 2010 prohibits discrimination in employment, education, service provision and certain other areas of activity. The prohibition on discrimination in the provision of services on grounds of age did not come into force on 1 October 2010, when discrimination in connection with other protected characteristics became effective.

Following consultation, the Equalities Office has announced that age discrimination in the provision of services will become unlawful on 1 October 2012.

In addition to justification, positive action and the existing “general exceptions” (eg allowing charities to focus on particular age groups), each of which can be a defence to an allegation of age discrimination in service provision, the Regulations will provide specific exemptions from liability for:

  • age-based concessions (eg discounted travel)
  • age-related holidays
  • age verification
  • clubs and associations concessions
  • financial services
  • immigration
  • residential park homes
  • sport

This brings the grounds upon which discrimination in the provision of services is unlawful in line with employment and education. It would be prudent to ensure that any differences in treatment of customers receiving services other than education either fall into one of the specific exemptions or can be justified as a proportionate means of achieving a legitimate aim.

The education sector will need to consider what the impact of these changes might be, and whether the exemptions will assist. For example, concessionary prices for specified age groups using sports facilities or attending arts events will still be permissible under the proposed regulations.

In due course the Government will be publishing guidance for businesses and organisations on how they should implement the changes in advance of 1 October 2012.