Analysis of Age Discrimination under the UK Equality Act 2010

This essay delves into the multifaceted issue of age discrimination, focusing on the legal framework provided by the Equality Act 2010 in the United Kingdom. The introduction defines age discrimination and introduces the concept of ageism. The essay then provides a detailed analysis of the Equality Act, highlighting its provisions against age-based discrimination in various contexts. It explores the causes and consequences of age discrimination, particularly in hiring and recruitment processes. The theory section examines the Act's promotion of fairness, exceptions to the ban on age discrimination (such as immigration, age-based holidays, and concessions), and the prohibition of harassment based on age. The essay also discusses discrimination by association and perception, providing examples and case studies, including the case of Eileen Jolly v Royal Berkshire National Health Service Foundation Trust. The conclusion summarizes the key arguments and emphasizes the importance of understanding and combating age discrimination, drawing upon themes relevant to law and social science. The essay references key legal resources and academic articles to support its claims.

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Discrimination Law

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Introduction
The aspect pertaining to age discrimination implies that the arising of any kind of prejudicial
thoughts with regard to the perceptions and apprehensions towards a particular age group. It
also involves the stereotypical towards a person or a group as far as the factor pertaining to
age is concerned. It has promulgated the term ageism as far as the views and opinions of the
eminent gerontologist Robert Neil Butler are concerned (Schiek, 2016). The people who are
mainly victimized as a result of the factor pertaining to age discrimination are the elderly
ones who are most popularly known as senior citizens along with children and adolescents to
a certain extent.
Equality Act and analysis
The Equality Act of 2010 has been passed by the Parliament of the United Kingdom in order
to address the issues pertaining to discrimination in various aspects accordingly in the
territory of Great Britain. It further implies that age is also one of the aspects with regard to
discrimination as stipulated by the provisions enshrined and envisaged in the Equality Act of
2010 (Sargeant, 2016). It has consolidated several laws and regulations with regard to
discrimination in an effective and efficient manner accordingly.
Causes and consequences of issues in contemporary society
During the processes pertaining to hiring and recruitment, discrimination on the basis of age
contravenes the provisions enshrined and envisaged in the Equality Act of 2010. In this
aspect, the victim of age discrimination the filed a claim at the employment tribunal
accordingly. The Equality and Human Rights Commission of England and Wales also hears
issues in this regard and resolves them in a proper and appropriate manner accordingly as far
as the eradication pertaining to discrimination in various terms including age is concerned
with regard to the short listing and selection of people for jobs.
Theory
The Equality Act of 2010 is also indented to promote the aspects pertaining to fairness in
terms of age. As far as differential treatment with respect to policy and frameworks in terms
of specific age is concerned, there should be a reasonable justification for the same as far as

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benefits to the wider public in general is concerned accordingly (Jackson et al., 2015). It also
implies that there is a prohibition of derogatory treatment towards the elderly most notably
and other age groups as far as the instances and circumstances with reference to the chain of
events are concerned. The theory pertaining to egalitarianism has influenced the aspect the
addressing of issues of age discrimination under the Equality Act of 2010 to a huge extent.
As a result, it implies the prevention of discriminatory treatment on the basis of age
accordingly.
There are certain exceptions with regard to the ban over discrimination on the basis of age.
Such exceptions play an important role as far as the providing of a comprehensive solution to
the people belonging the particular age group is concerned. These exceptions include
immigration, age based holidays, concessions with reference to age, sports, services
pertaining to fiancés, residential park homes, verification with regard to age as far as the
claiming of the benefits with regard to age is concerned and concessions on being members
of the respective associations, societies, communities, groups and clubs (Thompson, 2016).
In addition to these kinds of exceptions, there are general exceptions also under the Equality
Act of 2010.
Harassment of the basis of age is prohibited under the Equality Act of 2010. Organizations
such as clubs and business in the form of shops and related organizations must not indulge in
any kind of act which would result in rampant discrimination on the basis of age to a massive
extent (Emens, 2016). It may lead to the violation of the rights of the elderly and children
based on the facts and circumstances of the particular instance.
It is also imperative that the discrimination on the basis of age is no different from the blatant
contravention of basic human rights and civil liberties of the people belonging to the
particular age group concerned. It also implies unfair and derogatory treatment of people
with regard to the factors pertaining to age accordingly which should be dealt with in
astringent manner accordingly (Hepple, 2010). It is also applicable to the ones entrusted with
providing holiday schemes, travel companies and agencies, hotels and the ones who are
entrusted with the letting out of properties with regard to holidays. In this aspect, in order to
avoid being liable for discrimination, the aspects pertaining to tastes and preferences on the
basis of age should be taken into account.
The aspect pertaining to disability is also taken into account in this regard. It further implies
any person perceived to be restricted or limited in terms of physical mobility with regard to

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their age even though it is not the case so would amount to discrimination in terms of age as
far as the Equality Act of 2010 (Westwood, 2016). In this aspect, the factors pertaining to the
holding of prejudicial views in terms of mental health on the basis of the age of a person are
taken into consideration.
In the case of Eileen Jolly v Royal Berkshire National Health Service Foundation Trust, the
claimant Eileen Jolly was dismissed in an unfair manner as far as the aspects pertaining to
discrimination on grounds of age and disability and acting in contravention of the
employment contract on part of the respondent Royal Berkshire National Health Service
Foundation Trust is concerned (Abrams, Swift and Drury, 2016). In this case, it was held by
the Employment Tribunal at Reading that the respondent Royal Berkshire National Health
Service Foundation Trust acted in contravention of the Equality Act of 2010 and
Employment Rights Act of 1996.
Conclusion
As observed form the discourse above, it can be concluded by stating that the concepts
related discrimination of a person or a group on the basis of age is justified and appropriate.
The Equality Act of 2010 has also been taken into account. The case law of Eileen Jolly v
Royal Berkshire National Health Service Foundation Trust with regard to the capitulating
upon the claim pertaining to age discrimination has also been presented accordingly. The
aforesaid discourse also influences the research with regard to the disciplines on law and
social science to a great extent taking account of the different themes and spheres.

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Reference List
Hepple, B., 2010. The new single equality act in Britain. The Equal Rights Review, 5, pp.11-
24.
Jackson, S.E., Steptoe, A., Beeken, R.J., Croker, H. and Wardle, J., 2015. Perceived weight
discrimination in England: a population-based study of adults aged 50 years. International
journal of obesity, 39(5), p.858.
Sargeant, M., 2016. Age discrimination: Ageism in employment and service provision. 4th ed.
Abingdon: Routledge.
Schiek, D., 2016. Organizing EU equality law around the nodes of ‘race’, gender and
disability. In European Union Non-Discrimination Law and Intersectionality (pp. 21-38). 4th
ed. Abingdon: Routledge.
Thompson, N., 2016. Anti-discriminatory practice: Equality, diversity and social justice. 7th
ed. London: Macmillan International Higher Education.
Westwood, S., 2016. Ageing, gender and sexuality: Equality in later life. 4th ed. Abingdon:
Routledge.
Emens, E., 2017. Disability and equality law. Routledge.
Abrams, D., Swift, H.J. and Drury, L., 2016. Old and unemployable? How age‐based
stereotypes affect willingness to hire job candidates. Journal of Social Issues, 72(1), pp.105-
121.