Section 21 — Age Discrimination Act 2004: Partnerships

(1) It is unlawful for 6 or more persons who are proposing to form themselves into a partnership to discriminate against another person on the ground of the other person’s age: (a) in determining who should be invited to become a partner in the partnership; or (b) in the terms or conditions on which the other person is invited to become a partner in the partnership. (2) It is unlawful for any one or more of the partners in a partnership consisting of 6 or more partners to discriminate against another person on the ground of the other person’s age: (a) in determining who should be invited to become a partner in the partnership; or (b) in the terms or conditions on which the other person is invited to become a partner in the partnership. (3) It is unlawful for any one or more of the partners in a partnership consisting of 6 or more partners to discriminate against another partner in the partnership on the ground of the other partner’s age: (a) by denying the other partner access, or limiting the other partner’s access, to any benefit arising from being a partner in the partnership; or (b) by expelling the other partner from the partnership; or (c) by subjecting the partner to any other detriment. Exemption for inherent requirements (4) Paragraphs (1)(a), (2)(a) and (3)(b) do not make it unlawful for a person to discriminate against another person, on the ground of the other person’s age, if the other person is unable to carry out the inherent requirements of a partner (in the proposed partnership or the partnership) because of his or her age. (5) In deciding whether the other person is unable to carry out those requirements because of his or her age, take into account: (a) the other person’s past training, qualifications and experience relevant to the proposed partnership or the partnership; and (b) if the other person is already a partner—the other person’s performance as a partner; and (c) all other relevant factors that it is reasonable to take into account.