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The Equality and Human Rights Commission is to consult on draft guidance on legislation banning age discrimination against people using public or private services.

The ban on age discrimination in services, public functions and associations is contained in the Equality Act 2010 and came into force in 2012.

“Before publishing a new age supplement to the existing statutory Code of Practice on Services, Public Functions and Associations, the Commission is carrying out this consultation to gather feedback and in particular assess whether compliance will have a cost impact for businesses,” the EHRC said.

The draft guidance, which can be viewed here, covers:

  • An introduction.
  • Direct discrimination.
  • Indirect discrimination.
  • Harassment, victimisation and other unlawful acts.
  • Positive action.
  • Services and public functions.
  • Associations.
  • Application of general exceptions to the protected characteristic of age.
  • Age specific exception: concessionary services.
  • Age specific exception: financial services.
  • Other age specific exceptions.
  • Enforcement.

The consultation closes on 2 May 2014. The new supplementary code will be laid before Parliament for approval later 2014.

Courts will be able to take it into account when determining cases before them, the EHRC said.

Mark Hammond, the watchdog’s chief executive, said: “We hope the supplementary Code will be valuable and helpful to businesses, public authorities, courts, lawyers and advocates and we want to hear from as many people as possible so we can provide the best possible guidance.

“This consultation will enable us to refine and improve our final product and provide high quality, relevant assistance in complying with equality laws.”

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