Question

To ask Her Majesty's Government what assessment they have made of reports of car hire companies refusing to lease vehicles to individuals based solely on their age; and what steps they will take to ensure that older drivers with full licences and insurance are not discriminated against.

Such actions would be concerning and potentially unlawful. The Equality Act 2010 provides that it is unlawful age discrimination for a service provider such as a car hire company to refuse, on age grounds, to lease a vehicle to an otherwise qualified person, unless the company can objectively justify its decision.

Where a company cannot, in those circumstances, show that their leasing policy is a proportionate means of achieving a legitimate aim, the affected person can bring a case to the County Court, or Sheriff’s Court in Scotland. The court can then determine whether the “objective justification test” has been satisfied, and may award costs and compensation where the individual wins their case. A range of guidance is available to service providers on their obligations and to service users on their rights, most notably on the Equality and Human Rights Commission’s website, but also through the Equality and Advisory and Support Service (EASS). The EASS can be contacted via its website - http://www.equalityadvisoryservice.com, or it can be contacted by telephone on 0808 800 0082 (or by text phone on 0808 800 0084).