The law applies to educational establishments such as institutes of further and higher education, including universities, vocational training providers (which can be public, private and voluntary sector training bodies) and those that provide career guidance services.

The law does not apply to education at schools.

No. There are different types of age discrimination, and it doesn’t have to be intentional to be unlawful.

The main forms are:
 

• Direct discrimination is where you are treated worse that others because of your age. For example:  A 50 year-old applies for a course at his local university and is informed that, despite having all the relevant entry qualifications and skills, he would not ‘fit in’ as most people on the course were aged 18 to 25.

• Indirect discrimination is where an organisation unjustifiably operates a rule or policy that looks the same for everyone but in effect places people from a particular age group at a disadvantage. For example: A 42 year-old shop worker who left school at 16 with no qualifications applied to his local regional college to take a course that would lead to a proper qualification. He was refused entry as he did not comply with one of the entry requirements – to have a satisfactory secondary school profile. At the time when he left school there was little opportunity to gain additional qualification after leaving school.

• Harassment is where a person behaves in a way, on grounds of age, that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. For example: A 50-year old drama student is subjected to jokes about older people.

• Victimisation is where you have made a complaint of age discrimination, in good faith, or helped someone else with a complaint under the age law, and suffered as a result. For example: A student who provided evidence at a fellow students age discrimination industrial tribunal applies to a higher course with her college.  Her application is rejected and she believes this is a result of her giving evidence at the tribunal.

You are protected from discrimination in age in education under the following circumstances:
 

• Admission to (arrangements), the terms and refusal or deliberately not affording access to vocational training courses
• Admission to, the terms and deliberately not accepting an application to institutes of further and higher education
• Being denied benefits, being excluded, training terminated  or suffering any other detriment
• In the provision of references

However, there are limited circumstances when age discrimination is allowed:
 

• In direct and indirect discrimination if the training or education provider can demonstrate that their actions or provisions, criteria or practices are objectively justified. For example: the professional requirements of a particular profession at which a course is aimed.
• Positive action measures for training to be established for a particular age groups to help them for particular work. For example: A regional college runs ‘access to university’ courses for those over the age of 21 who would liked to study but do not hold the qualifications to enter university.
• Genuine occupational requirements (GOR) belonging to a particular age group. For example: The grants and loans for tuition fees and maintenance paid to students.

What can I do myself?

1. Contact our discrimination advice officers who will provide you with free and confidential information and 
    guidance. Should you decide to take your case to court, you can ask for us to provide legal representation

2. Raise your complaint directly with the education body or vocational training provider and seek a resolution.

3. Go directly to court or tribunal with your own legal representative to lodge a complaint of discrimination.

How can the Equality Commission help me?

1. We provide advice and assistance.

2. We provide legal representation in a limited number of cases.

Only a court decides whether the treatment you have complained of is unlawful discrimination. It is separate to, and independent from, the Equality Commission.


Contact us
If you require assistance or would like to make a discrimination complaint, complete our online form or telephone 028 90 500 600.

• Age discrimination law - A short guide (pdf) (pdf)
• Age Discrimination in NI - A Guide for Vocational Training Providers & Institutions of Further & Higher Education (pdf) (pdf)
• Students: Know your equality rights (pdf) (pdf leaflet)
• The Equality Commission's policy for the provision of legal advice and assistance (pdf) (pdf)
  
  You can also visit our publications database