This guide is maintained as a current resource for September 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.
Age discrimination in employment law explained under the Equality Act 2010. Covers tribunal claims, compensation, recruitment bias, objective justification, and legal rights in England and Wales.
Age discrimination in employment law occurs when a worker, employee, or job applicant is treated unfairly because of their age. In England and Wales, it is prohibited under the Equality Act 2010, which protects individuals from discrimination in recruitment, employment terms, promotion, training, and dismissal.
Age discrimination can affect both younger and older workers. It may be direct, indirect, or take the form of harassment or victimisation. Employment tribunals can award compensation where unlawful treatment is proven, and there is no upper limit on damages.
Legal Framework: Equality Act 2010
Age is a protected characteristic under the Equality Act 2010. Protection applies to:
- Employees and workers
- Job applicants
- Apprentices and trainees
- Some contract and agency workers
The law prohibits:
- Direct age discrimination
- Indirect age discrimination
- Harassment related to age
- Victimisation for asserting rights
Certain limited exceptions apply where age-based treatment can be objectively justified.
What Counts as Age Discrimination at Work
Age discrimination occurs when employment decisions are influenced by age rather than skills, experience, or performance.
Direct age discrimination
Direct discrimination happens when someone is treated less favourably because of their age.
Examples include:
- Refusing to hire someone because they are “too young” or “too old”
- Selecting only younger employees for promotion
- Dismissing older workers based on assumptions about capability
- Excluding younger workers from training opportunities
Direct discrimination can only be justified in very limited circumstances, usually where legislation allows it.
Indirect age discrimination
Indirect discrimination occurs when a workplace policy applies to everyone but disadvantages people of a certain age group.
Examples include:
- Requiring a certain number of years' experience that disproportionately excludes younger applicants
- Mandatory retirement policies without objective justification
- Training or recruitment criteria that indirectly favour one age group
- Policies requiring long uninterrupted service for benefits or progression
Indirect discrimination may be lawful only if it is a proportionate means of achieving a legitimate aim.
Harassment related to age
Harassment includes unwanted conduct related to age that creates a hostile or offensive working environment.
Examples include:
- Age-related jokes or stereotypes
- Comments about “being too old to adapt” or “too young to lead”
- Mocking appearance or generational differences
- Excluding individuals from workplace activities based on age
Employers are responsible for preventing harassment by staff and, in some cases, third parties.
Victimisation
Victimisation occurs when someone is treated unfairly because they have raised or supported a complaint about age discrimination.
Examples include:
- Being demoted after submitting a grievance
- Losing out on promotion after supporting a colleague's tribunal claim
- Facing disciplinary action after raising discrimination concerns
Age Discrimination in Employment Decisions
Age discrimination can affect all key employment decisions, including:
Recruitment
- Job adverts targeting specific age groups without justification
- Interviewers making assumptions about energy, adaptability, or commitment
- Excluding applicants based on perceived generational stereotypes
Pay and benefits
- Pay structures indirectly disadvantaging certain age groups
- Excluding younger workers from benefits schemes
- Seniority-based pay systems that are not objectively justified
Promotion and career progression
- Assuming younger employees lack experience
- Assuming older employees lack adaptability or technological skills
- Informal promotion networks favouring certain age groups
Training opportunities
- Excluding older employees from development programmes
- Assuming younger workers are more suitable for investment
Dismissal and redundancy
- Selecting employees based on age-related assumptions
- Using age as a proxy for cost reduction during restructuring
- Applying redundancy criteria that disproportionately affect certain age groups
Legal Test Used by Employment Tribunals
Employment tribunals apply structured tests depending on the type of claim.
Direct discrimination test
The tribunal considers:
- Whether the claimant was treated less favourably
- Whether the treatment was because of age
- Whether a comparator of a different age would have been treated differently
Direct age discrimination may be justified only in rare cases where there is a legitimate aim and proportionate means.
Indirect discrimination test
The tribunal assesses:
- Whether a neutral rule or policy exists
- Whether it disadvantages people of a certain age group
- Whether the employer can justify it as a proportionate means of achieving a legitimate aim
Objective Justification in Age Discrimination Cases
Age is unique among protected characteristics because both direct and indirect discrimination can sometimes be justified.
An employer must show:
- A legitimate aim (e.g. workforce planning, health and safety, or business efficiency)
- Proportionate means (the policy must be appropriate and necessary)
Tribunals apply a strict balancing test and will not accept justification based on assumptions or stereotypes.
Evidence in Age Discrimination Claims
Evidence commonly used includes:
- Job adverts and recruitment materials
- HR policies and redundancy selection criteria
- Emails and internal communications
- Performance reviews and pay records
- Witness statements
- Statistical evidence showing age-related patterns
Tribunals may infer discrimination where decision-making lacks objective justification or shows consistent bias.
Bringing a Claim to an Employment Tribunal
Step 1: ACAS Early Conciliation
Before bringing a claim, individuals must contact ACAS and go through Early Conciliation. This aims to resolve disputes without formal proceedings.
Step 2: Filing the claim
If unresolved, a claim is submitted to the employment tribunal setting out the allegations of discrimination.
Step 3: Tribunal process
The process may include:
Time Limits for Age Discrimination Claims
The standard time limit is:
- 3 months less one day from the discriminatory act
For ongoing discrimination, tribunals may consider whether there is a continuing course of conduct.
Remedies and Compensation
If age discrimination is proven, tribunals may award:
Financial compensation
- Loss of earnings
- Future loss of income
- Pension losses
- Other financial losses linked to discrimination
Injury to feelings
Compensation for distress caused by discriminatory treatment.
Aggravated damages (rare)
Awarded where employer conduct is particularly serious or oppressive.
There is no statutory cap on discrimination compensation.
Common Examples of Age Discrimination at Work
- “Digital skills” assumptions used to exclude older candidates
- Younger employees being overlooked for leadership roles
- Mandatory retirement without justification
- Pay progression tied only to age or tenure
- Exclusion of older workers from training programmes
Employer Responsibilities
Employers are expected to:
- Use objective, job-related criteria in decisions
- Avoid age-based assumptions in recruitment and promotion
- Ensure policies do not indirectly disadvantage age groups
- Provide equal access to training and development
- Investigate complaints promptly and fairly
Failure to take preventative steps can increase legal exposure.
Common Questions from our Readers
Is it ever legal to set age limits in jobs?
Only in limited cases where the employer can justify it as a proportionate means of achieving a legitimate aim.
Can younger workers claim age discrimination?
Yes. Protection applies equally to all ages.
Does age discrimination have to be intentional?
No. Unintentional bias or neutral policies with unequal impact can still be unlawful.
Can redundancy decisions be based on age?
Only if objectively justified and not based on assumptions or stereotypes.
Key Takeaways
Age discrimination in employment law is prohibited under the Equality Act 2010 and can affect all stages of employment, including recruitment, pay, promotion, training, and dismissal. It includes direct and indirect discrimination, harassment, and victimisation. Employment tribunals assess claims using structured legal tests, with compensation available for financial loss and injury to feelings. Employers must ensure decisions are based on objective, non-age-related criteria to comply with the law.
