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Discrimination on Grounds of Age:
For the purpose of these regulations, person "A" discriminates against person "B" if:
On the grounds of B's age, A treats B less favourably than they treat, or would treat, other persons; or
A applies to B a provision, criterion or practice which A applies, or would apply, equally to persons not of the same age group as B, but which:
- puts, or would put, persons of the same age group as B at a particular disadvantage when compared with other persons, and
- puts B at that disadvantage.
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Examples of Discrimination:
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Discrimination by way of Victimisation:
For the purposes of these regulations, person "A" discriminates against person "B", by treating "B" less favourably than they treat, or would treat, other persons in the same circumstances, and does so by reason that "B":
- has brought proceedings against A, or any other person, under or by virtue of these regulations;
- has given evidence or information in connection with proceedings, brought by any person, against A, or any other person, under or by virtue of these regulations
- has otherwise done anything under or by reference to these regulations in relation to A or any other person; or
- has alleged that A, or any other person, has committed an act which, whether or not the allegation so states, would amount to a contravention of these regulations,
- or by reason that A knows or suspects that B intends to do any of those things.
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Instructions to Discriminate:
For the purposes of these regulations, person "A" discriminates against person "B" by treating "B" less favourably than he treats or would treat other persons in the same circumstances, and does so by reason that:
- B has not carried out, in whole or in part, an instruction to do an act which is unlawful by virtue of these regulations, or
- B, having been given an instruction to do such an act, complains to A or to any other person about that instruction.
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Harrasment on Grounds of Age:
For the purposes of these regulations, person "A" subjects person "B" to harassment when, on grounds of age, "A" engages in unwanted conduct which has the purpose or effect of:
- violating B's dignity
- creating an intimidating, hostile, degrading, humiliating or even offensive environment for B
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Applicants and Employees:
It is unlawful for an employer in Great Britain to discriminate against a person when making hiring decisions or when establishing terms for employment.
It is unlawful for an employer in Great Britain to discriminate against a person:
- in the terms of employment established
- in the opportunities provided for promotion, transfer, training, or receiving any other benefit;
- by refusing to provide opportunities for promotion, transfer, training, or receiving any other benefit available; or
- by dismissing, or subjecting them to any other disadvantage.
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Provision of Vocational Training:
It is unlawful, when a person is seeking or undergoing training, for the provider to discriminate against them:
- when determining who should be offered training
- in the terms on which the training provider provides access to training
- by refusing or deliberately not providing access
- by terminating the training; or
- by subjecting person to any other disadvantage during his training.
It is also unlawful for a training provider, in relation to a person seeking or undergoing training, to subject him to harassment.
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