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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.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
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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.
Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.
35,000 workers working in ASDA’s retail business sought to compare themselves to workers at distribution depots for equal pay purposes. Find out more about this Employment Appeal Tribunal.
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