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.
Learn about legal duties UK employers have to prevent age discrimination at work under the Equality Act 2010, including anti‑discrimination policies, fair recruitment and promotion, managing redundancy and retirement practices, complaint handling, objective justification, and tribunal claims.
Age discrimination is unlawful in the workplace in England and Wales. Employers must take proactive steps to prevent discrimination on grounds of age, protect workers and job applicants of all ages, and ensure fair treatment in every aspect of employment. This article explains legal duties under the Equality Act 2010, how age discrimination can occur, the steps employers should take to prevent it, how to respond to complaints, and common questions about implementing age equality policies.
What Is Age Discrimination?
Age discrimination refers to treating someone unfavourably because of their age, a perception that they are in a particular age group, or because they are associated with someone of a particular age. The law recognises age as one of the “protected characteristics” under the Equality Act 2010. This protection applies to employees, workers, job applicants and former workers, covering recruitment, terms and conditions, promotions, training, redundancy and dismissal.
Age discrimination may be direct (for example, refusing to promote someone because they are “too old”) or indirect (where a policy disproportionately disadvantages people of a particular age group, unless it can be justified as a proportionate means of achieving a legitimate aim). Employers must also guard against harassment and victimisation related to age.
Legal Framework: Equality Act 2010
The Equality Act 2010 governs unlawful discrimination in the workplace, including on the grounds of age. The Act:
- Prohibits treating a person less favourably because of age in recruitment, employment, training and dismissal.
- Forbids indirect discriminatory policies unless objectively justified.
- Covers both older and younger workers.
- Protects individuals from harassment or victimisation arising out of age‐related complaints.
There is no minimum length of service required for protection, and the rights apply from the earliest stages of the employment relationship, including job adverts and interviews.
Identifying Age Discrimination in the Workplace
Direct Age Discrimination
This occurs when someone is treated unfavourably because of their age compared with someone else in similar circumstances. Examples include rejecting a candidate because they are “too old”, excluding older workers from training opportunities, or forcing someone to retire at a specific age without objective justification.
Indirect Age Discrimination
A policy that applies to everyone but disproportionately affects a particular age group may be indirectly discriminatory unless justified. For instance, selecting workers with long lengths of service for limited training or promotions may indirectly disadvantage younger staff. Employers must be ready to show that any such policy is a proportionate means of achieving a legitimate aim.
Harassment and Victimisation
Unwanted conduct related to age that violates dignity or creates a hostile environment is unlawful. Similarly, treating an employee badly because they complain about age discrimination or support someone else's complaint is prohibited.
Employer Duties and Practical Steps
Employers are legally responsible for preventing age discrimination and should take the following practical steps:
1. Implement Clear Anti‑Discrimination Policies
Develop and maintain a written equality, diversity and inclusion policy that explicitly prohibits age discrimination alongside other protected characteristics. The policy should explain how complaints are handled, outline disciplinary measures for breaches, and be accessible to all staff.
2. Train Managers and Staff
Provide training on age discrimination, unconscious bias, stereotyping and inclusive practices. Ensuring that line managers understand how age discrimination can arise helps reduce incidences of discriminatory decision‑making in recruitment, performance reviews, promotions and redundancy decisions.
3. Review HR Policies and Practices
Analyse recruitment, promotion, appraisal, training and redundancy processes to identify potential age bias. For example:
- Job adverts should use age‑neutral language.
- Selection criteria should be objective and job‑related.
- Redundancy selection criteria should not disproportionately disadvantage particular age groups unless objectively justified.
Employers must assess whether policies are necessary and proportionate and document legitimate aims and justifications where differences are lawful.
4. Encourage Inclusive Culture
Age discrimination often stems from stereotypes and assumptions. Employers should promote a workplace culture that values diversity of age and experience, discourages ageist language and behaviour, and addresses incidents promptly. For example, jokes about “older workers being slow” or “younger workers being inexperienced” should be challenged.
5. Address Retirement Practices Carefully
Since the abolition of the default retirement age, employers cannot automatically force employees to retire at a specific age unless it can be objectively justified. Employers should avoid making assumptions about employees' desire or ability to continue working based on age and instead focus on individual capability and performance.
6. Provide Clear Reporting and Support Mechanisms
Ensure confidential and effective channels for employees to raise concerns about age discrimination. This includes clear grievance procedures and assurance that complaints will not lead to retaliation. Publicising these mechanisms encourages early reporting and resolution of issues.
7. Monitor and Evaluate
Collect and analyse workforce data (e.g. by age group) to identify patterns of unequal treatment or outcomes. Monitoring can help employers spot areas at risk of indirect discrimination and take corrective action before complaints arise.
Objective Justification and Exceptions
Not all age‑based differences in treatment are unlawful. Employers can argue that a practice that disadvantages a particular age group is lawful if it is a proportionate means of achieving a legitimate aim. This requires employers to show:
- There is a legitimate aim (for example, health and safety requirements in certain roles).
- The practice is appropriate and necessary to achieve that aim and there is no less discriminatory alternative.
Simply saving costs or following stereotypes is not sufficient justification. Employers should document legitimate aims and the evidence supporting them as part of risk assessments and policy reviews.
Handling Complaints and Legal Process
Responding to Complaints
Employers must treat age discrimination complaints seriously, investigate promptly and take appropriate remedial action. Investigations should be impartial and documented, and complainants should be kept informed of the process.
Early Conciliation and Tribunal Claims
Employees who believe they have suffered age discrimination must normally engage in Early Conciliation through Acas before issuing an employment tribunal claim. A claim generally must be submitted within three months minus one day from the act of discrimination. Tribunals can award compensation for financial loss and injury to feelings, and may issue recommendations to prevent further discrimination.
Vicarious Liability
Employers can be held vicariously liable for discriminatory acts committed by employees within the scope of their employment unless the employer took all reasonable steps to prevent it. This legal principle underscores the importance of training, policies and proactive prevention measures.
Risks of Non‑Compliance
Failure to prevent age discrimination exposes employers to:
- Employment tribunal claims and significant compensation orders.
- Reputational harm and damage to employer brand.
- Lower morale and increased turnover among affected staff.
- Liability for discriminatory acts by managers and employees.
By understanding and fulfilling legal duties, employers can minimise risks while promoting equality and inclusion.
Common Questions
Are younger workers protected as well as older workers?
Yes. Age discrimination protection under the Equality Act applies to people of all ages, whether young or old, and applies from recruitment through to dismissal.
Can age be relevant in recruitment?
Employers should avoid specifying or using age as a selection criterion unless it can be objectively justified as a proportionate means of achieving a legitimate aim (such as safety requirements defined by law).
Does age discrimination cover perceived age or association?
Yes. The law protects against discrimination because of someone's actual age, the age they are perceived to be, or because they are associated with someone of a particular age.
Key Takeaways
Employers in England and Wales are under clear legal duties to prevent age discrimination at work. Under the Equality Act 2010, age is a protected characteristic, and employers must ensure fair recruitment, treatment, development, pay, redundancy and retirement practices that do not disadvantage workers based on age, unless objectively justified. Effective prevention measures include robust policies, inclusive culture, training, monitoring, transparent procedures for complaints and careful documentation of decisions. Taking these steps helps reduce legal risk, supports employee wellbeing and fosters a fair and diverse workplace.
