{
  "url": "https://openlegislation.uk/equality-act-2010/schedule-9/paragraph-10",
  "json_url": "https://openlegislation.uk/equality-act-2010/schedule-9/paragraph-10.json",
  "legislation": "ukpga/2010/15",
  "legislation_title": "Equality Act 2010",
  "legislation_url": "https://openlegislation.uk/equality-act-2010",
  "path": "schedule/9/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": null,
  "text": "(1) It is not an age contravention for a person (A) to put a person (B) at a disadvantage when compared with another (C), in relation to the provision of a benefit, facility or service in so far as the disadvantage is because B has a shorter period of service than C.\n(2) If B's period of service exceeds 5 years, A may rely on sub-paragraph (1) only if A reasonably believes that doing so fulfils a business need.\n(3) A person's period of service is whichever of the following A chooses—\n(a) the period for which the person has been working for A at or above a level (assessed by reference to the demands made on the person) that A reasonably regards as appropriate for the purposes of this paragraph, or\n(b) the period for which the person has been working for A at any level.\n(4) The period for which a person has been working for A must be based on the number of weeks during the whole or part of which the person has worked for A.\n(5) But for that purpose A may, so far as is reasonable, discount—\n(a) periods of absence;\n(b) periods that A reasonably regards as related to periods of absence.\n(6) For the purposes of sub-paragraph (3)(b), a person is to be treated as having worked for A during any period in which the person worked for a person other than A if—\n(a) that period counts as a period of employment with A as a result of section 218 of the Employment Rights Act 1996, or\n(b) if sub-paragraph (a) does not apply, that period is treated as a period of employment by an enactment pursuant to which the person's employment was transferred to A.\n(7) For the purposes of this paragraph, the reference to a benefit, facility or service does not include a reference to a benefit, facility or service which may be provided only by virtue of a person's ceasing to work.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2010/15/schedule/9/paragraph/10",
    "retrieved_at": "2026-10-31T10:33:11.189587+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}