WEC calls for review of age discrimination protections
The Women and Equalities Committee (WEC) has published a report recommending a review of the legal framework protecting older individuals against discrimination, including the Equality Act 2010 and the Public Sector Equality Duty (PSED).
A call for stronger protections
On 19 February 2025, the WEC published its report, 'The rights of older people', following an inquiry into the adequacy of current legal protections for older individuals. The report suggests that age discrimination law may not be as robustly enforced as protections for other protected characteristics and recommends that the government commission the Equality and Human Rights Commission (EHRC) to conduct a review.
A key focus of the report is the exception allowing objective justification of direct age discrimination, which differs from the legal approach taken for other protected characteristics. The WEC noted concerns that this could contribute to age discrimination being perceived as more acceptable in some contexts and has recommended that the EHRC consider whether specific exceptions would be more appropriate.
Key recommendations
The report recommends that the EHRC review:
- The impact of allowing objective justification of direct age discrimination, including whether specific exceptions should be introduced instead
- The effectiveness of the PSED in ensuring age is appropriately considered in public sector decision-making and whether more specific duties should be introduced
- The potential introduction of a "reasonable steps" duty on employers to prevent age discrimination in the workplace
- How intersectional age discrimination is addressed in law, including whether to commence section 14 of the Equality Act 2010, which would allow claims of combined discrimination based on two protected characteristics
Implications for employers
The government has yet to comment on the report or indicate whether it will act on the WEC’s recommendations. While no immediate legal changes are proposed, the report signals that age discrimination protections could come under increased scrutiny. Employers should remain aware of potential developments and ensure their policies align with best practice.