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Equality Act "Age" section 2012 ?


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Equality Act "Age" section 2012 ?

Martin Orley


Handicap :

Posted : Tue 22nd Nov 2011 22:46

Please can anyone assist -

I have been looking for recent updates on the Equality Act regarding the "AGE" section starting in 2012. 

Is the "Age" part of the act to start in April 2012 ?

I am in a club where senior members over 65 receive £100 discount annually are quite happy to plead ignorance and sabotage any vote on the matter at an AGM, if this is legislation from April 2012 they will not be able to avoid it..

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John Pettitt


Handicap : 19.4

Reply : Tue 22nd Nov 2011 23:26

They then will have two choices, pay the £100 or the most likely option, they will find another club.

Name your club Martinh, or are you shy.

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Karl Needham


Handicap : 28

Reply : Tue 22nd Nov 2011 23:38

and that makes my point about clubs need to change water tight

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Brian Willerton


Handicap : 5.7

Reply : Wed 23rd Nov 2011 08:39

Check schedule 15, "Reasonable Adjustments." This section deals with members having their current Rights adjusted. "Protected Benefits" seems to suggest that existing members retain their discounts but members reaching the discount age/length of membership aren't entitled to the "old" benefits.

However, the Act contradicts itself in Section 16 when detailing restricting membership of "Protected Benefits" from existing members.

Solicitor required.

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Brian Willerton


Handicap : 5.7

Reply : Wed 23rd Nov 2011 09:25

Further to the above, I've just spoken to a senior barrister who works for the govt. If a golf club can show reasonable justification to retain the the discount for those over xx age then they are still acting within the law. In the case of discounted rates for the over 65's, the justification is that as a group they are recognised as having a lower income than those between the ages of 18 and 65. To charge the "group" full fees could lead to "excessive hardship" or a "loss of access."

Note 1; it is "as a group." There will be individuals with a very good pension just as there will be those below age 65 on minimum wage.

Note 2; The Equality Act 2010 is a result of the EU Equal Rights Directive 2008. Further info can be found by Googling EHRC.

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Darren Ramowski

[FORUM MODERATOR]
Handicap : 21.3

Reply : Wed 23rd Nov 2011 10:21

Brian I think until someone challenges it in the courts and a precedent is set no one actually knows.

A lot of it seems very much open to intepretation even though some parts are very clear.

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Brian Willerton


Handicap : 5.7

Reply : Wed 23rd Nov 2011 10:26

Darren, you are right. Until case law has set the precedent it is open to interpretation. And even then it could be challenged through the European Courts. And in reality, most clubs wouldn't contest a case because of costs.

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Darren Ramowski

[FORUM MODERATOR]
Handicap : 21.3

Reply : Wed 23rd Nov 2011 10:50

Obviously no one should turn a blind eye and ignore but as you say it's very hard to know what to do.

Some other similar posts here:

addressing the equality act

what impact? - the uk's equality act- law from october

Equality Bill and Women Golfers

Last edit : Wed 23rd Nov 2011 11:05
Post reply

John Trumble


Handicap : 11.5

Reply : Thu 24th Nov 2011 20:21

Darren,

Some clubs are still advertising different rates for the same membership, discounting the ladies, is this within the Act under any circumstances?

John.

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Martin Orley


Handicap :

Reply : Fri 25th Nov 2011 09:15

Thanks for the information that has been provided on this topic.

I have researched the EGU website and in the GOLF CLUBS section they have a link to the Equality Act for Golf Clubs at the bottom of the page. Click on the link and on there it quite clearly states in the end paragraph

The Equality Act  2010 and Proposals Regarding Age Discrimination

The government recently announced its proposals to bring into effect parts of the Equality Act which will ban age related discrimination in private members' club from April 2012 

 

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Martin Orley


Handicap :

Reply : Fri 25th Nov 2011 09:24

So reply to Johns' question - yes clubs can offer discounts to Ladies sections and 18 to 30's age range for example if the can justify there is a need to recruit more members in these categories and can produce figures to back this up.

But clubs like mine who offer a £100 a year discount for being o/65 and a member 20 years cannot now do that, as the club cannot justify the discount on the grounds of - there is need to encourage players in that age range as 75% of our membership is aged between 55 and 75. Which i'm sure alot of club membership is the same around the country.

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Alistair Dunsmuir


Handicap :

Reply : Fri 25th Nov 2011 16:25

Hi - I've just uploaded a whole load of Equality Act information written specifically for golf clubs:

 

http://www.golfclubmanagement.net/tag/equality-act/

 

Hope this helps

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Darren Ramowski

[FORUM MODERATOR]
Handicap : 21.3

Reply : Fri 25th Nov 2011 16:35

This may help, the 'Golf Club Management Publication from the GCMA (Golf Club Managers Association)' have a few relevant articles:

http://www.golfclubmanagement.net/tag/equality-act/

Michael Shaw: An introduction to the Equality Act

Brian Butler: An overview of the Equality Act

Adrian Houstoun: How the Equality Act affects how you employ staff

 

 

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John Trumble


Handicap : 11.5

Reply : Wed 30th Nov 2011 19:13

Darren,

Michael Shaw; Intruduction to the equality act.

Is this commercial company correct, does the act make it compulsary for golf clubs to make available motorised golf buggies for the use of disabled golfers?

John.

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Darren Ramowski

[FORUM MODERATOR]
Handicap : 21.3

Reply : Wed 30th Nov 2011 21:20

Hi John, I've just read the article again and it doesn't really say but to be aware of this aspect and then points out the canvassing by this 'commercial company'.

Unfortunately I can't comment whether it's could be upheld or not.

 

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