It is irrelevant whether a service is provided by the private, public or voluntary sector, and whether it’s for payment or free of charge.
The legislation means that in most cases service providers will not be able to operate upper and lower age limits.
Discrimination includes treating someone less favourably because of age (direct discrimination) and adopting a practice or applying a rule or policy that puts people of a particular age or age group at a disadvantage compared to others (indirect discrimination). Both types of discrimination will be unlawful unless the service provider can show their actions are justified as a proportionate means of achieving a legitimate aim.
Head of discrimination law at international law firm Eversheds, Audrey Williams, said: "The law will involve challenges for service providers. Some policies and practices will have to be adapted, and services redesigned."
She added: "But more difficult still will be the need to change attitudes: people's behaviour, particularly towards older people, can be influenced by deep-seated, and often negative, stereotypical assumptions. Organisations will need to take active steps to challenge those attitudes though appropriate messages and staff training."
Williams commented: "This is a field in which the effects of age discrimination can be particularly harmful, as has been highlighted in reports over recent years focusing on the care of older people. Many service providers have already taken active steps to improve care for older patients and service users. Those that are lagging behind now need to catch up."
This month will also see the end of period of the phasing out of the Default Retirement Age (DRA), which began a year ago.
