Why chronological age doesn’t add up to fairness
New research shows age discrimination law leaves people exposed to unfair treatment
New research shows that age discrimination law has drifted into confusion and inconsistency, leaving people of all ages exposed to unfair treatment justified purely by their birthdate.
A free talk at the Cambridge Festival will examine two decades of landmark age‑discrimination cases across the UK and EU, highlighting that the way courts interpret age discrimination is far weaker and open to interpretation than for any other type of equality claim.
Age is a protected characteristic under the UK Equality Act of 2010. However, the legal definition allows objective justification for age-based rules if they are deemed “a proportionate means of achieving a legitimate aim.”
During the talk on Saturday, 21 March, Dr Helga Hejny, Senior Lecturer in Law at Anglia Ruskin University (ARU), will draw on new research to explain how current legal frameworks may reinforce ageism and whether they adequately reflect the diverse realities of ageing or simply encourage discrimination.
Dr Hejny said:
“Courts have never fully settled how to judge decisions that treat people differently purely because of their age.
“Britain, as well as much of Western Europe, has an ageing population and a shrinking workforce. More people need to work longer and are more than capable of doing so, but many face structural barriers created by age‑based rules.
“While chronological age is simply the number of years since birth, biological age reflects the true condition of our bodies and minds, shaped by lifestyle, genetics, and environment.
“Courts are trying to take age seriously, but as long as national rules dominate, real progress stalls, leaving age‑based decisions hard to justify and even harder to compare.
“For example, minimum wage rules allow employers to pay a lower rate to a 16-year-old than an 18-year-old, regardless of competence. Many travel insurers and car rental companies impose upper age limits, such as refusing cover above age 75 or charging disproportionately high premiums. Eligibility for cancer screening is often strictly age-based.
“The biggest paradox remains: we often defend age discrimination in the name of fairness between generations. This talk will explore the morality of using chronological age, how we could do things differently, and the challenges we would face.”
The talk is part of the Cambridge Festival, and takes place on Saturday, 21 March from 4pm until 5pm at ARU’s Cambridge campus in East Road. Places are free but must be booked via https://www.eventbrite.co.uk/e/whats-your-biological-age-tickets-1977916002006