This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to age discrimination at work in England and Wales, explaining legal protections under the Equality Act 2010, types of unlawful conduct, how to raise grievances, tribunal claims, time limits, remedies and practical steps for employees and employers.
Age discrimination in the workplace occurs when someone is treated less favourably because of their age. In England and Wales, the Equality Act 2010 makes it unlawful to discriminate on the grounds of age, whether against younger or older workers. Age discrimination can affect recruitment, promotion, training, terms of employment, redundancy, dismissal and other aspects of working life. This article explains the legal protections available, the types of unlawful conduct, how to raise concerns internally and through formal legal channels, and practical steps you can take if you believe you have experienced age discrimination at work. The aim is to make complex legal concepts clear and accessible to employees, employers, students and the public.
What Is Age Discrimination?
Under the Equality Act 2010, age is a protected characteristic. This means employers must not treat employees, workers, job applicants or former employees less favourably because of their age or associated characteristics. Protection applies to all ages - from young workers up to those approaching retirement and beyond.
The Act covers the following main types of age discrimination:
- Direct discrimination – less favourable treatment because of age.
- Indirect discrimination – a policy or practice that applies to everyone but disadvantages people of a particular age group, unless it can be objectively justified as a proportionate means of achieving a legitimate aim.
- Harassment – unwanted conduct related to age that violates dignity or creates an intimidating, hostile, degrading or offensive environment.
- Victimisation – being treated unfairly because you have complained about discrimination, given evidence, or supported someone else's complaint.
Direct and Indirect Discrimination
Direct discrimination includes decisions such as refusing to hire, promote or retain someone “because you're too old” or “too young.” Unlike many other protected characteristics, direct age discrimination can be legally justified if the employer shows that the treatment was a proportionate means of achieving a legitimate aim. Employers must demonstrate why the criterion was necessary and appropriate.
Indirect discrimination occurs where a seemingly neutral rule or requirement places a particular age group at a disadvantage. For example, a training programme only offered to recent graduates may disadvantage older employees and could be unlawful unless justified.
Who Is Protected?
Protection from age discrimination is not limited to employees. It also extends to:
- Workers (including casual and agency workers),
- Job applicants, and
- Former employees in certain contexts such as references or post‑employment treatment.
A wide range of employment matters are covered, including recruitment, selection, promotion, training, terms and conditions, redundancy, dismissal and post‑employment actions such as refusing to provide a reference.
Examples of Age Discrimination at Work
Examples of unlawful age discrimination include:
- Offering a job or promotion only to candidates under or over a specific age without justification.
- Excluding older workers from training opportunities because of assumptions about their future career trajectory.
- Applying rigid retirement ages without objective justification.
- Making ageist remarks, jokes or excluding colleagues from workplace activities on the basis of age.
- Dismissing someone because of age‑related assumptions about capability or adaptability.
Harassment related to age can take the form of offensive comments, demeaning conduct or behaviour that harms dignity. Victimisation arises when someone is treated poorly because they raised or supported a complaint of age discrimination.
Justification and Exceptions
Some age‑related treatment may be lawful if the employer can objectively justify it. For example:
- Differentiating pay based on age under the National Minimum Wage framework.
- Providing benefits that reward length of service up to five years; beyond that, justification may be required.
- Setting age criteria where a legitimate business need exists and the treatment is proportionate.
However, harassment and victimisation are never justified under the Act.
Steps to Challenge Age Discrimination
1. Review Internal Procedures
Most employers have grievance procedures. Raising your concern with your employer formally allows them to investigate and respond. Provide clear details about what happened, dates, people involved, and why you believe the treatment was discriminatory.
2. Record Evidence
Keep detailed records of incidents, emails, performance reviews, job adverts, or any written and verbal evidence. Documenting patterns of treatment strengthens your position if the matter proceeds further.
3. Seek Early Conciliation
Before making a tribunal claim, you must contact the Advisory, Conciliation and Arbitration Service (Acas) for Early Conciliation. Acas assists parties in resolving disputes without litigation and issues a certificate necessary to start a claim to the Employment Tribunal if conciliation fails.
4. Employment Tribunal Claim
If internal resolution and early conciliation do not resolve the issue, you may submit a claim to the Employment Tribunal. Time limits are strict: generally, claims must be presented within three months less one day from the date of the discriminatory act complained of.
There is no minimum period of employment required to bring an age discrimination claim, and claims can relate to recruitment decisions or treatment after employment has ended.
Remedies and Compensation
If an Employment Tribunal finds that unlawful age discrimination has occurred, a variety of remedies may be awarded:
- Compensation for loss of earnings, including past and future pay, benefits and bonuses.
- Injury to feelings damages to compensate for distress, anxiety, humiliation or insult.
- Aggravated or punitive damages in exceptional cases with particularly oppressive conduct.
- Interest on awards from the date of the discrimination to judgment.
Recent updates to compensation guidelines (known as Vento bands) help tribunals determine the appropriate level of injury to feelings awards in discrimination claims.
Time Limits and Practical Considerations
Time limits for tribunal claims are strict. The three‑month period runs from the date of the last discriminatory act. If discrimination occurred over a series of events, the last act marks the start of the time limit unless specific exceptions apply. Prompt action is essential.
Employment Tribunals consider each claim on its individual facts. Similar age‑related comments or conduct may lead to different outcomes depending on the evidence, credibility of witnesses and context.
Common Questions
Can I be forced to retire at a certain age?
Compulsory retirement ages must be objectively justified. Employers cannot simply force retirement at a set age without justification unless a lawful retirement age is contractually agreed and justified.
Is age discrimination only about older workers?
No. Age discrimination protects employees of all ages. Younger workers can also experience unlawful age discrimination.
Do I need a solicitor to bring a claim?
You can bring a claim yourself, though many people seek legal advice to prepare a strong case, especially where evidence or legal interpretation is complex.
Final Thoughts
Age discrimination at work is unlawful under the Equality Act 2010. Protection extends to employees, workers, job applicants and former employees across recruitment, terms and conditions, promotions, training, redundancy and dismissal. Age discrimination can be direct or indirect, and also includes harassment and victimisation. Challenging age discrimination typically begins with internal grievance procedures, followed by Early Conciliation through Acas, and may culminate in an Employment Tribunal claim if unresolved. Remedies can include compensation for financial loss and injury to feelings. Understanding your rights and acting promptly enhances the prospects of a successful outcome.
