Ban on unjustifiable age discrimination

From 1 October 2012, new provisions came into force under the Equality Act 2010, making it illegal to discriminate unjustifiably on the grounds of age when delivering goods and services, whether in the NHS, voluntary or private sectors. A person will be protected when requesting, and during the course of being provided with, goods facilities and services. 

The ban is only intended to prevent harmful uses of age. Positive use of age in providing, commissioning and planning services will be able to continue. The Act also does not prevent differential treatment where this is objectively justified. Policy makers, commissioners, providers and individuals working in health and social care should continue to take into account someone’s age when it is right and beneficial to do so.

If a member of the public aged 18 or over believes that they have been treated less favourably because of age, they will be able to take organisations or individuals to court and may be awarded compensation. A case could be taken against health organisations, individual clinicians or others working in the health sector.

For further information visit www.dh.gov.uk/health/2012/09/briefing-age-discrimination.