Question

To ask His Majesty's Government what assessment they have made of the decision by some car hire companies not to hire out cars to drivers aged 75 or over.

Age discrimination in the provision of services is generally unlawful under the Equality Act 2010. There are, however, situations where a service provider can show that differential treatment between, for example, adults aged under and over 75 is a proportionate means of achieving a legitimate aim, which the 2010 Act permits.

Whilst the Government does not comment on particular cases, it is for individuals to consider whether they wish to take action where they feel they are being unlawfully treated on age grounds. Where a company cannot show that their leasing age policy is a proportionate means of achieving a legitimate aim, the individual affected can bring a claim to the County Court, or Sheriff’s Court in Scotland. The court may determine whether the “objective justification test” has been satisfied, and may award costs and compensation if the claimant wins their case.