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From 1st October 2012, age discrimination in the provision of goods and services is prohibited under the Equality Act 2010 (EA). This includes direct and indirect discrimination, harassment or victimisation by a person concerned with the provision of a service, goods or facilities to the public or a section of the public, whether or not for payment. There are general and specific exemptions which include holiday services, financial products (subject to a proviso), concessions, age verification, sports, charities and schools and the ability to “objectively justify” direct or indirect discrimination. Positive action may also be taken to compensate for a disadvantage to a particular age group if objectively justified.
Organisations should check policies and practices although it is unlikely that drastic changes will be required. There is no directive prohibiting age discrimination in goods and services which would require the UK courts to interpret the EA consistently with European law so it will be interesting to the approach UK courts take to the new legislation.
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
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One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
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