EQUALITY ACT - ROBIN ALLEN QC 1 STRENGTHENING PROTECTION AGE AND THE EQUALITY ACT ROBIN ALLEN QC CLOISTERS

EQUALITY ACT - ROBIN ALLEN QC 2 A TIMELY EVENT European Year of Active Ageing 10 th Anniversary of Madrid Plan UN Working Party Seldon and Homer New Provisions in the Equality Act

SOME DISAPPOINTMENTS Slow Progress on European Directive Slow Progress on UN Convention EQUALITY ACT - ROBIN ALLEN QC 3

4 THE NEW GB PROTECTIONS In effect from 1 st October See new commencement Order and Exceptions Order Key documents are Guidance – Quick Start Guides and Government Response to Consultation

EQUALITY ACT - ROBIN ALLEN QC 5 Sections 13, 19, 26, 27 and 29 Only applies to those over 18 Standard definition of service providers All forms of discrimination covered THE BASICS

EQUALITY ACT - ROBIN ALLEN QC 6 This is intended to replicate the defence in the employment provisions. But … what does this mean? Employment provisions are result of Dir 2000/78 and special meaning - Seldon A GENERAL DEFENCE OF JUSTFICATION

EQUALITY ACT - ROBIN ALLEN QC 7 THE SELDON APPROACH Legitimate aim? At time of treatment? Legitimate in context? Measure adopted to pursue aim? Is measure necessary in context? OR WILL A SIMPLER TEST BE APPLIED?

EQUALITY ACT - ROBIN ALLEN QC 8 COST AS A JUSTIFICATION Not clear at all to what extent cost can justify discrimination See cases in notes Is cost only concerned with proportionality?

EQUALITY ACT - ROBIN ALLEN QC 9 HEALTH SOCIAL CARE No specific limits or exceptions imposed by the new regulations So Government does expect the general justification defence to be relied on Significant litigation expected

EQUALITY ACT - ROBIN ALLEN QC 10 Financial products Concessions Holidays Age verification Sport Charities Schools Positive Action OTHER AREAS

EQUALITY ACT - ROBIN ALLEN QC 11 Some wider comments UN Working Group very concerned about health care particularly for older persons Council of Europe likely to pubish more widely on this Exceptions should be driven by legal certainty ECHR still a feature