Age is a protected characteristic under the Equality Act 2010.
Protection is provided against discrimination, harassment and victimisation on the grounds of age and applies to employment, education, the provision of goods, facilities and services, the management of premises and the exercise of public functions.
This means protection related to age for people seeking work, current and former employees in terms of:
This means protection related to age for enquirers, current and past students in terms of:
Direct discrimination generally cannot be justified. However, some age-based rules and practices are seen as justifiable. Less favourable treatment of a person because of their age is not direct discrimination if the higher education institution can justify that treatment is a proportionate means of achieving a legitimate aim.
Age is included in the public sector duty under the Equality Act 2010 which means we have to have due regard to the need to:
Prohibits discrimination, harassment and victimisation on grounds of age and applies to employment, vocational training and further and higher education. In exceptional circumstances direct age discrimination may be permitted where a university can demonstrate that such treatment can be objectively justified.
The protected characteristic of age is subject to the duty placed on public authorities (which includes the OU) to have due regard to the need to promote equality of opportunity:
This entails more than the elimination of discrimination and requires proactive measures to be taken to ensure equality for people of different ages in our policies and decision-making
Equality, Diversity and Inclusion
The Open University
Walton Hall
Milton Keynes
MK7 6AA
Email edi-team@open.ac.uk