Age
Part 2 Equality: key concepts
(1)In relation to the protected characteristic of age—
(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group;
(b)a reference to persons who share a protected characteristic is a reference to persons of the same age group.
(2)A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages.
Mental health difficulties may amount to disability for the statutory equality analysis. The existence of disability did not make the Bereavement Support Payment time limit discriminatory or require the service to anticipate the claimant’s specific needs (see para [55]).
Section 5 permits age to be defined by a particular age or range of ages. A small age difference can therefore found an age-discrimination claim, although its significance depends on the context. (see paras [60]; [62])
Defines age as a protected characteristic relevant to the discrimination claim. The judgment identifies age as the characteristic relied on but does not construe the provision further (see para [7]).
What each judgment says about section 5 is in the case-law panel in the full Act.
36.This section establishes that where the Act refers to the protected characteristic of age, it means a person belonging to a particular age group. An age group includes people of the same age and people of a particular range of ages. Where people fall in the same age group they share the protected characteristic of age.
37.This section replaces a provision in the Employment Equality (Age) Regulations 2006.