Discrimination Against the Elderly in the UK: Legal and Ethical Review

This report examines the issue of age discrimination against the elderly in the United Kingdom, focusing on legal and ethical aspects. It begins with an abstract and introduction, defining ageism and its impact on the elderly, including reduced employment opportunities and denial of basic rights. The report delves into the legal and ethical frameworks, including the Equality Act 2010, and discusses how age discrimination manifests in employment, healthcare, and financial services. It analyzes relevant case law, such as Lord Chancellor v McCloud and Alan Dove's case, to illustrate the practical application of anti-discrimination laws. The report concludes by highlighting the need for stricter laws and addressing the negative impact of ageism on the elderly, emphasizing the importance of equal opportunities and protection against discrimination.

[Racial Discrimination in UK]
2020
University
Student Credentials

Sociology 1
Contents
Discrimination against the elderly in United Kingdom.............................................................1
Abstract...................................................................................................................................1
Introduction............................................................................................................................1
Legal and Ethical aspect.........................................................................................................2
Applicability...........................................................................................................................3
Conclusion..............................................................................................................................5
Bibliography...............................................................................................................................6

Sociology 2
Discrimination against the elderly in United Kingdom
Abstract
In this discussion, the issue that shall be discussed is rise in discrimination against elderly
even for their basic human rights. Elder people in United Kingdom have been long suffering
through inequalities as well as discrimination. As per the numbers, most of the population in
United Kingdom in some or the other manner has been practicing ageism. This has led to
fewer opportunities at work in lieu of individual’s “Age”. This has also led individuals to
discriminate on the basis of medical facilities, even in situations where common treatments
are concerned; elder people are not given any kind of assistance. The discussion here consists
of more about ageism and the legislations as well as legal and ethical aspects related to same
in United Kingdom. Another thing that shall be discussed here is effect this ageism has on the
elders as well as the people surrounding them. Despite the fact that these people have the
most knowledge and experience regrading almost everything, they struggle to earn better or
find better opportunities due to the age factor.
Introduction
Ageism refers to a negative attitude people have towards the elderly by keeping in mind the
negative image of the stereotypes in the society regarding this sector of people. This has been
a rising trend in the modern society. Not being provided with the apt opportunities as far as
employment is concerned or being denied basic human rights such as health and treatments
even related to basic illnesses is not provided in time to these individuals. This kind of
discriminatory attitude towards any individual, is considered as ageism. In the modern times,
there have been several researches done as well as many scholars have evaluated that there is

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a high number of elderly people who are not provided equal or apt opportunities due to their
age or a possibility of contract in certain disease.
Legal and Ethical aspect
The impact of ageism is that more experienced individuals every now and again experience
unfair treatment. Subsequently society is neglecting to profit completely from the important
assets that more seasoned individuals offer – as potential workers, volunteers, chose delegates
and in numerous different jobs. Age UK is evident that the victimization individuals on the
grounds of their age, inability, race, religion or conviction, sex, sexual direction, sex or
inability isn't right (Butler, 2016). A need for our future work will be to guarantee that more
seasoned individuals are ensured against segregation. The Equality Act 2010 gives a lot of
authoritative instruments for handling age separation both inside the domain of work and in
the arrangement of merchandise and enterprises. Notwithstanding, in work, unjustified age
separation is as yet overflowing, regardless of it being illicit under the Equality Act 2010.
Surveying by YouGov charged by Age UK in 2017 found that 36% of over 50s felt they had
been burdened busy working as a result of their age (Drydakis et al., 2018).
In wellbeing and social consideration, there is convincing proof of the hurtful impacts old
enough separation. Research shows that more seasoned individuals have more unfortunate
access to medicines for normal wellbeing conditions. Treatment rates drop excessively for
individuals more than 70-75 years in territories, for instance, surgeries; chemotherapy; and
talking about therapies. It is particularly significant that handling age separation is organized
during this season of significant help change in the wellbeing and social consideration
segments (Fell & Dyban, 2017). It stays a significant worry that a wide special case for
money related administrations in the Equality Act 2010 may limit more seasoned individuals'
entrance to basic items including advances, home loans, and travel and certain protections
such as insurance, making it harder for more experienced individuals to look for the best

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products. The Financial Administrations Ombudsman has revealed various cases in which
more established individuals have encountered troubles moving home, taking care of their
home loans, and taking out additional loaning in view of limitations getting to these
budgetary administrations (Snyder & Benson, 2017).
Applicability
The UK's ageist perspectives have been uncovered in a report that shows more seasoned
individuals are generally taunted, disparaged and decried by the remainder of society. Much
experienced individuals are generally observed as inept, threatening or a weight on others, as
indicated by an audit of the proof that discovered they are dependent upon a reiteration of
harming generalizations. One case that talks about a similar issue is Lord Chancellor and
another v McCloud and others; Ministry of Justice v Mostyn and others; Secretary of State
for the Home Department and others v Sergeant and others (Court of Appeal). This is a case
where rebate changes to open fragment benefits plans, which used transitional courses of
action for judges' and fire fighters' annuity plans. The transitional game plans obliged here is
the one that has been decreased so as to the profit of the judges as well as the fire fighters
who at that time were nearby the age of retirement. This inferred increasingly prepared
designated specialists and fire fighters, particularly the one who are in their 50s for that
matter here were not the ones upset about the changes, although, their progressively young
accomplices were. The so called Court of Appeal went through the certain methods of the
organization’s weak method in order to manage upholding is its "clearly one-sided"
approach. Also, it said so that it was "adequately awful" for the so called lawmaking body to
state fundamentally that "it so felt right" to make sure about progressively settled individuals
while protecting these claims of age isolation. The above decision could have
recommendations for the genuineness of other open portion benefits changes that guarantee

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increasingly settled workers with the game plans that are transitional, to the inconvenience of
progressively young annuity contrive people (Simpson, 2019).
Apart from this, another case that raises similar questions and is in somewhat manner related
to ageism or age discrimination is the case of Alan Dove, who had worked for the diamond
authorities for quite a while, was allowed more than the amount of £63,000 in compensation
after he brought a past isolation as well as inappropriate dismissal contention against the
administrator upon the liquidation of the business in the April 2015.
Despite the fact that he in no manner is a granddad, he was known as 'gramps' by the pioneer
of said business party, Gareth Thomas. According to him, considering the moniker 'a delicate
term’, anyway Mr Dove here believed that it was inconsiderate and malevolent. Mr Dove
moreover had a segment of all his clients who moved to Mr. Thomas from him. As being told
by the Director, he had a client who cried that he was "too much long in the tooth" – anyway
the above statement was later on cancelled by the client on his part. The employment tribunal
of Watford concluded that at the time when depiction was made by Mr Dove as "long in the
tooth", "out of date" and kind of "traditional" all these consisted of the negative references in
concern with his age. The board expressed: "Use of these articulations show sees transmitting
from the customers which are negative points of view likely reliant on the inquirer's age.
"He was pardoned, in a general sense, considering the way that a segment of the clients that
he was overseeing had been moved to Mr Thomas by Mr Ball. This left, in Mr Ball's view,
lacking compensation to be delivered by the inquirer" (Slater Gordon , 2016).
One such similar case is the recent case of Ms M Shirin v Wilson Barca LLP and Others:
2208035/2016 as well. According to the decision of the tribunal, it was Ms Rajananth's
comments that Ms Shirin was too old that were viewed as age-related goading since they

Sociology 6
were comments related to age and had the effect of making a ruining or threatening condition
for Ms Shirin.
The Tribunal was particularly stressed that there was a case of remarks made by Ms
Rajananth about Ms Shirin both being exorbitantly old, and not being as powerful as a
progressively energetic comparator (her precursor in the activity). It excused the convenience
that Ms Shirin was unreasonably sensitive about these comments to a degree that put her
outside of statutory confirmation. Inquisitively, a scene where Ms Rahananth offered
comments about Ms Shirin being imbecilic, ungraceful and deferred with respect to being
consistent of Ms Shirin were found not to have the effect of making a spoiling or threatening
condition for Ms Shirin. The Respondents - Wilson Barca LLP, Mr Barca and Ms Rajananth
– were mentioned to pay for injury to feelings the entire of £46,908.38, far reaching of
exasperated damages (£5,000) and interest (Age Discrimination.info, 2019).
Conclusion
There have been several instances on day to day basis of ageism, resulting in depressive state
of elder people. There have been growing cases of exploitation as well as abuse also in
context with an individual’s age. These people have been called names, been abandoned as
well as removed from their positions just because they are ‘too old’ for the job, which is not
the truth. Despite of their performance, people have been dragged or demoted from the
position they have been working just to introduce a new and young face for economic
purposes. Firms have been doing so since long back and now it has been happening since
quite a few years now on a much personal level as well. Government needs to make stricter
laws in regards with the discrimination as Equality Act does prevent most of it but
acknowledging the level of crime is necessary as well. For instance, talking about people and
their age is another thing but acting out on the basis of assumptions as well as degrading
someone on the basis of their age or depriving them of better opportunities is another thing.

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Bibliography
Age Discrimination.info, 2019. Shirin v Wilson Barca LLP and Others. [Online] Available at:
https://www.agediscrimination.info/case-reports/2019/2/6/shirin-v-wilson-barca-llp-and-
others [Accessed 14 April 2020].
Butler, M., 2016. Equality and anti-discrimination law: the Equality Act 2010 and other anti-
discrimination protections. Spiramus Press Ltd.
Drydakis, N., MacDonald, P., Chiotis, V. & Somers, L., 2018. Age discrimination in the UK
labour market. Does race moderate ageism? An experimental investigation. Applied
economics letters, 25(1), pp.1-4.
Fell, E. & Dyban, M., 2017. Against Discrimination: Equality Act 2010 (UK).. The European
Proceedings of Social & Behavioural Sciences EpSBS, 19, pp.188-94.
Simpson, S., 2019. The 10 most important employment law cases in 2019. [Online] Available
at: https://www.personneltoday.com/hr/10-most-important-employment-law-cases-2019/
[Accessed 14 April 2020].
Slater Gordon , 2016. 61-Year-Old Salesman Wins Age Discrimination Case. [Online]
Available at: https://www.slatergordon.co.uk/media-centre/blog/2016/03/61-year-old-
salesman-wins-age-discrimination-case/ [Accessed 14 April 2020].
Snyder, J. & Benson, W.F., 2017. Adult protective services and the long-term care
ombudsman program. In Elder abuse. Springer, Cham. pp.317-42.