EQUALITY ACT - ROBIN ALLEN QC 1

STRENGTHENING PROTECTIONAGE AND THE EQUALITY ACT

ROBIN ALLEN QC

CLOISTERS

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A TIMELY EVENT

European Year of Active Ageing 10th 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

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THE NEW GB PROTECTIONS

In effect from 1st October See new commencement Order and

Exceptions Order Key documents are Guidance –

Quick Start Guides and Government Response to Consultation

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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

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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

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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?

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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?

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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

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Financial products Concessions Holidays Age verification Sport Charities

Schools Positive Action

OTHER AREAS

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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