Equalities Act - the end of age-based marketing?

From October, it will be illegal for businesses to make offers available only to some age groups – but there are a few exceptions to the rule…

The ban on age discrimination in the provision of goods and services under the Equalities Act 2010 will come into force on 1 October. For example, businesses will no longer be able to refuse to let self-catering accommodation on the basis of a person’s age unless they have evidence to justify such a policy. Up until now, some businesses letting caravans and chalets have often had a minimum age restriction to deter bookings from younger people.

However, there are a number of exceptions where offers and products can be provided either to a specific age group or on special rates. Age related discounts and concessions on products and services will still be allowed, so pensioners can still benefit from discounted fish and chips or early bird meals at their local restaurant, and young people can enjoy discounted cinema tickets.

Clubs and associations will also still be able to vary their pricing depending on age or length of time someone has been a member. Similarly, holiday packages offered, for example by Saga to the over 50s or to 18-30 year olds will still be allowed as the age discrimination is not seen as causing any detriment.

Age discrimination will also be allowed in the provision of financial products. However, where age is used as a factor in the assessment of risk, the information used must be relevant to that risk and must have come from a reliable source.

In terms of marketing and advertising, this change will mean an opening up of the channels available to promote age-related products. This will be particularly evident in products or services previously not targeted at young people, where, for instance, social media will now play an increased part in the marketing campaign.

Because the law clarifies the exceptions, UK businesses will be in a good position to develop properly targeted advertising and marketing that is effective and profitable.

Contact, Janine Paterson, 020 7291 3360.