Age Discrimination in Employment: What the Law Prohibits

Age discrimination in the workplace occurs when an employee or job applicant is treated unfairly because of their age. In England and Wales, age is one of the protected characteristics under the Equality Act 2010, meaning the law generally prohibits unfavourable treatment related to age in employment. This article explains what age discrimination means in UK law, the types of unlawful conduct, legitimate exceptions, employer duties, how to make a claim, time limits, and practical steps for both employees and employers. The aim is to present clear, accurate legal information that is accessible to non‑experts while remaining credible for solicitors.

What the Law Says About Age Discrimination

Under the Equality Act 2010, age discrimination arises when someone is treated less favourably because of their age or when a workplace practice disproportionately disadvantages people in a particular age group compared with others. Age is defined as a person of a particular age or belonging to an age group (for example, “under 25s” or “over 50s”).

The law protects people of all ages from discrimination, whether they are younger or older workers. Both employees and job applicants have legal protection, as do self‑employed individuals engaged to do work personally.

Who Is Protected

Age discrimination protections apply to individuals in several employment situations:

• Employees and workers, including agency workers and apprentices
• Job applicants during recruitment and selection
• Contractors and self‑employed persons personally engaged to do work
• Former workers in limited contexts, such as references or post‑employment treatment

Protection covers all stages of employment, from advertising and hiring through to pay, terms and conditions, training, promotion, dismissal and redundancy.

Types of Unlawful Age Discrimination

The Equality Act recognises several forms of unlawful discrimination related to age:

Direct Age Discrimination

Direct discrimination occurs when someone is treated less favourably because of their age compared with another person in similar circumstances. For example, refusing to interview a candidate solely because they are viewed as “too old” or “too young” is unlawful unless a lawful exception applies.

Indirect Age Discrimination

Indirect discrimination occurs when a rule, policy or practice that applies to everyone disproportionately disadvantages people of a particular age group compared with others, and the employer cannot show that the provision is a proportionate means of achieving a legitimate aim. An example might be a training or promotion criterion that unintentionally excludes older or younger workers without a valid business justification.

Harassment Because of Age

Harassment related to age involves unwanted conduct connected to age that violates a person's dignity or creates an intimidating, hostile, degrading or offensive environment. Offensive jokes or ageist comments that affect workplace dignity can be harassment, although whether conduct amounts to unlawful harassment depends on the facts and context.

Victimisation

It is unlawful for an employer to treat someone unfavourably because they have made or supported a complaint of age discrimination, provided evidence or assisted another person in relation to a discrimination claim. Victimisation protection encourages people to assert their legal rights without fear of reprisal.

Exceptions and Justification

Unlike some other protected characteristics, age discrimination may be permitted in certain circumstances if the employer can show that the discriminatory act is a proportionate means of achieving a legitimate aim. This is a legal test requiring a defendant to demonstrate that the discriminatory policy or decision pursues a legitimate objective and that the means used are appropriate and necessary.

Examples include:

• Health and safety requirements where physical demands justify an upper age limit for certain roles (e.g. fire service age limits judged as a genuine occupational requirement in EU case law).
• Contractual retirement ages, if properly justified and implemented in line with statutory exceptions.

However, general assumptions about capability based on age alone are unlikely to justify discriminatory treatment. Employment tribunals assess whether the justification is both legitimate and proportionate on the facts of each case.

Common Examples of Age Discrimination at Work

Age discrimination can arise in many workplace contexts:

• Recruitment: Rejecting an applicant because they are perceived as too old or too young for the role.
• Terms and Conditions: Offering less favourable pay, benefits or training opportunities to workers in certain age groups without objective justification.
• Promotion and Development: Excluding older workers from development programmes on the basis of assumptions about their future tenure or potential.
• Workplace Behaviour: Ageist language or conduct that contributes to an intimidating environment.

Age discrimination can occur in overt ways or through subtle patterns of behaviour or decision‑making that disadvantage certain age groups.

Employer Duties and Liability

Employers must ensure that their workplace policies and practices comply with age discrimination law. This includes:

• Reviewing recruitment, promotion and training policies to ensure they do not discriminate unlawfully
• Providing training for managers and staff to prevent ageist behaviour and stereotypes
• Monitoring workplace practices to identify potential disparate impacts on different age groups
• Addressing complaints promptly and fairly

An employer can be held liable for discriminatory acts by employees or agents acting on its behalf unless it can show it took reasonable steps to prevent the discrimination.

Making a Claim: Time Limits and Process

Early Conciliation

Before issuing a claim with an employment tribunal, most age discrimination claims must be preceded by Acas Early Conciliation to explore potential settlement and narrow issues for litigation.

Time Limits

A claim for age discrimination usually must be presented to the tribunal within three months minus one day from the date of the discriminatory act. For ongoing policies or conduct, the time limit may run from the last act.

Remedies and Compensation

If a tribunal finds unlawful age discrimination, it can award compensation including:

• Injury to feelings for emotional harm caused by discrimination
• Financial losses such as lost earnings, pension contributions or benefits

There is no statutory cap on compensation for injury to feelings in discrimination claims, though tribunals will have regard to established guidelines when assessing awards.

Practical Steps for Employees and Employers

For Employees

1. Document incidents of discrimination, including dates, communications and witnesses.
2. Raise concerns internally via grievance procedures before considering formal claims.
3. Engage in Acas Early Conciliation to explore resolution options.
4. Act promptly to avoid missing tribunal time limits.
5. Seek independent advice from Citizens Advice, trade unions or solicitors.

For Employers

1. Audit policies for age bias and remove discriminatory criteria.
2. Train managers and staff on age diversity and equality law.
3. Respond constructively to complaints and take action to prevent recurrence.
4. Monitor workplace data to detect patterns of disadvantage.
5. Document compliance efforts to demonstrate reasonable steps taken.

Summary

Age discrimination in employment is unlawful under the Equality Act 2010, covering direct and indirect discrimination, harassment and victimisation because of age. While some age‑based distinctions may be justifiable if they meet legal tests of legitimacy and proportionality, general assumptions about ability based on age are prohibited. Employers must take proactive measures to prevent discrimination, and employees who believe they have been subjected to age discrimination can pursue claims through employment tribunals, subject to procedural requirements and time limits.