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Age equality means securing the equal participation in society of people of every age, based on respect for the dignity and value of each individual. It aspires to achieve equality in citizenship, access to opportunities and outcomes, as well as respect for differences related to older age and for children and younger people.

Addressing age discrimination

To address age discrimination, new legislation has been passed. The Equality Act 2010 will harmonise existing equality legislation and bring parity across equality areas. This has implications for the ways in which services, goods and facilities are designed and delivered where age is a factor.

For public bodies, the Act sets a public sector duty across a range of protected characteristics. To address age equality and discrimination the Act will:

• create a public sector duty ( which will include age) to have due regard to the need to:
• eliminate discrimination;
• advance equality of opportunity, and
• foster good relations between people who share protected characteristic and people who do not share it, and:
• ban age discrimination against those over 18 in the provision of services and exercise of public functions.

The public sector duty applies to people of all ages, including children, while the ban on age discrimination applies in relation to over 18’s.

The public sector duty will be effective from April 2011. The ban on age discrimination will be effective from 2012.

Preparing for the Equality Act 2010

It is acknowledged that introducing a ban on age discrimination has particular implications for:

• health care services and the NHS;
• social care/community care services.

To assist understanding of the implications of the ban on age discrimination in these services, the Department of Health (DoH) is leading a review to look at the potential issues for services to help to prepare to meet the ban. Scottish Government Health Department is supporting this considerable work, collaborating closely with colleagues in England. Find out more about this work at the Department of Health website.

Employment Equality (Age) Regulations 2006

Under these regulations boards must not discriminate on the grounds of age in employment or vocational training. This includes:

• deciding not to employ someone
• dismissing them
• refusing to provide them with training
• denying them promotion
• giving them adverse terms and conditions
• retiring an employee before the employer’s usual retirement age (if there is one) or retire an employee before the default retirement age of 65 without an objective justification

To find out more, visit Acas.

It is our aim to use this portal to share and exchange information with relevant partners from the Health Service and those who are working with the Health Service in Scotland. For further information please contact us at Linda Alexander

Resources

Equality Bill: Making it Work - Ending Age Discrimination in services and public functions. A consultation

This consultation document from the UK Government sets out how its proposals are developing towards
specifying age-based practices for which it believes exceptions from the ban on age discrimination in services and public functions may be warranted.

Fair for All Age and Health Guidance

This guidance has been developed by Fair for All - Age to provide information that will help NHS Boards in Scotland to:

• understand aspects of age equality
• achieve outcomes and improvements in the way services and functions are delivered in relation to age
• understand board responsibilities as they relate to age equality and human rights.

See what the Equality and Human Rights Commission is doing to tackle age discrimination and promote age equality.

Being ready for a ban on age discrimination

Progressing age equality in NHS Scotland

Briefing Note - Age discrimination in health and social care (Kings Fund)

Ending age discrimination - Department of Health Summary review

Ending age discrimination - Department of Health Summary conclusions

Reviewed 1 August 2010