Andrew Harrop

1

Closing the circle Age equality legislation

• Andrew Harrop
• Head of Policy
• Age Concern England

2
Outline

• Whats the problem?
• Ageism
• Employment discrimination
• Public services
• Private services
• Solutions
• Good practice?
• The Equality Bill
• The 2008 directive

3
Ageism

• Most common form of prejudice
• Unjustifiable prejudice and stereotyping, with
  older people seen as other (NB also ageism
  about young people).
• Typically benevolent prejudice ie older people
  seen as warm but incompetent (parallels to
  attitudes to women and disabled people)
• Rarely, but tragically, hostile prejudice (ie
  hatred or fear) associated with neglect and abuse

4
Employment discrimination

• Forced retirement
• Last bastion of lawful discrimination in
  employment
• At least half of advice inquiries
• Bureaucratic nightmare for employers
• Legislation too ill defined
• open approach to objective justification
• No case law to define boundaries excessive
  caution? Discrimination unchallenged?
• Heyday case challenging both these points
• July hearing Autumn decision?

5
Public services

• Health services
• Ageist prejudice, disrespect, neglect
• Formal direct discrimination (mental health
  services screening programmes clinical trials)
• Covert/practitioner discrimination
• Age discrimination for disabled people
• Care packages for different age groups
• Mobility and independence (Discrimination Living
  Allowance unavailable for claims over 65s)
• Independent Living (no IL Fund and lower budget
  ceilings for care packages for over-65)

6
Private Services

• Financial services
• Motor insurance refusal to quote sudden price
  hikes
• Travel insurance - refusal to quote sudden price
  hikes
• Bundled products car hire consumer credit
  free insurance with product etc
• Media and public life
• Ageism within the media
• Occasional examples of being refused services
• More frequent made to feel a 2nd class citizens

7
Good practice isnt working

• Has its place eg NHS age equality guidance
  just out
• Employment
• Age Positive guidance and campaign only had teeth
  had little impact even though directive was
  impending
• Public services
• 2001 National Service Framework for Older People
  mandates against age discrimination in the NHS
  and social care
• Financial services
• 2005 Government commitment to work with industry
  to address the issue has led no where

8
Equality bill goods and services

• Outlaw age discrimination in provision of goods,
  facilities, services and public functions
• Permit service providers to objectively justify
  direct discrimination, with clear evidence
• In principle, all age groups but work on
  childrens issues beyond Age Concerns remit
• Tailor specific exemptions to provide clarity
• Actuarial risk in insurance, if published
  evidence
• Concessions for old and young, where a clear
  social benefit (eg bus passes linked to inclusion
  and independence prescriptions and eye tests
  linked to use of health services)

9
2008 directive goods and services

• Same arguments apply for EU-wide action in
  proposed directive
• Commission Council pressing ahead with
  disability alone, rather than horizontal
  directive
• European Parliament backing a 4-strand directive
• Very sad that equality interests have fallen out
• Important to lobby in lead up to 2009 EP
  elections and new commission

10
Equality bill equality duty

• Include age in a single equality duty for public
  services
• Elements could include
• Eliminate unlawful discrimination
• Promote equality of opportunity
• Promote good relations between persons of
  different ages
• Prepare for likely demographic change
• Essential complement to discrimination law
  systemic inequality needs attitude changes
  long-term, planned response

11
Equality bill employment

• Consistent employment discrimination law across
  all six grounds
• No forced retirement or right to request
  continued work
• No open-ended justification for direct
  discrimination
• A closed list of exemptions, justified by the
  government under the directives test for direct
  discrimination (eg pensions law)

12

Closing the circle Age equality legislation

• Andrew Harrop
• Head of Policy
• Age Concern England