A PERVASIVELY AGEIST CULTURE
New legal protections needed to tackle ‘pervasively ageist culture’, the Women and Equalities Committee says
On 19 February 2025, the Women and Equalities Committee published its report on the Rights of Older People which looks at the UK Equalities Framework, and if this is doing enough to protect the rights of older age groups.
The report highlights that there are more people in older age groups than ever before, with 11 million people in England and Wales aged 65 years or older, 18.6% of the population, up from 9.2 million (16.4%) a decade earlier.
“The report concludes that this ability to objectively justify age discrimination contribute to the perception that age discrimination is somewhat less serious and harmful than other forms of discrimination.”
It goes on to cite evidence which suggests that a significant number of older individuals who are working have, or are, experiencing discrimination in the workplace, but only a small number (0.08 per cent) of these individuals will go on to pursue discrimination claims in the Tribunal. It is certainly one of the least common claims we deal with.
In terms of the protection under the Equality Act, age is one of nine protected characteristics (PCs), however there is a significant difference between age and the other eight PCs; the law allows objective justification of direct age discrimination (less favourable treatment of individuals based on their age) which is not the case with the other PCs. This essentially means that employers are permitted to treat older individuals less favourably where it can be objectively justified as a “proportionate means of achieving a legitimate aim”.
The report concludes that this ability to objectively justify age discrimination contribute to the perception that age discrimination is somewhat less serious and harmful than other forms of discrimination.
Interestingly, the report recommends that the Equality and Human Rights Commission review:
the effectiveness of protections against age discrimination, including consideration of the impacts of allowing objective justification of direct age discrimination
the case for more specific positive duties in England, including a duty on employers to take “reasonable steps” to prevent age discrimination
We will keep you updated if the government decide to take any further action in respect of these recommendations.