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# 2.3 Exceptions

A difference in services or treatment between people may be lawful if the circumstances fall under one of the exceptions that allow this:

Age-based concessions and age-related discounts. Businesses are allowed to offer concessions or discounts based on age – for example, cheaper access to leisure facilities for 18–25-year-olds, or lunch deals for older people over a certain age.

Age-related holidays. It’s not unlawful for a holiday company to offer holidays for some age groups only – for example, over-50s cruises or Club 18–30 holidays. But the purpose of the holiday must be to bring together people of the same age, and the holiday must include travel and accommodation. These holidays can be sold to someone who isn’t in the usual age group if they’re treated the same as the other holidaymakers. For example, a 41-year-old wanting to go on a holiday for customers in their 30s might be accepted if the company agrees, but they shouldn’t be charged any more for the holiday.

Financial services. Age can be used to assess risk, and this can be used to work out the price you pay for a financial product or service such as insurance, banking, credit, pensions etc or whether it's made available to you. They can also stage limits and offer products to people in certain age groups only.

Other laws. If there is another relevant law which says people can be treated differently based on their age and therefore it’s not unlawful discrimination under the Equality Act. One example of this is free bus passes for people over 60 under the Transport Act 2000.

Age verification. Businesses selling goods like alcohol, fireworks and cigarettes can ask for proof of age if they think you’re under-age. They can refuse to serve you if you can’t prove how old you are. This is not unlawful age discrimination.

These specific exceptions are in addition to:

- general exceptions already allowed by the Equality Act (e.g. ability to contravene the Act in the interests of national security, for charitable or sporting purposes)
- positive action measures
- objective justification.

◄Contents►Next: 2.4 Objective justification

OpenLearn - Ageism and age discrmination
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