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.
Clear explanation of age discrimination in UK employment law under the Equality Act 2010, covering protected groups, types of discrimination, lawful exceptions, tribunal claims, and compensation rights in England and Wales.
Age discrimination in employment law occurs when a person is treated less favourably because of their age or perceived age in work-related situations. In England and Wales, it is primarily governed by the Equality Act 2010, which provides legal protection for workers, job applicants, and others engaged in employment relationships.
The law recognises that age-based treatment can occur at any stage of employment, including recruitment, pay, promotion, training, redundancy, and dismissal. It also recognises that discrimination can be direct, indirect, or arise through harassment or victimisation.
Legal Framework: Equality Act 2010
The Equality Act 2010 makes age a protected characteristic. It prohibits discrimination because a person:
- Is a particular age
- Belongs to an age group (for example, “under 30” or “over 50”)
- Is perceived to be a certain age
- Is associated with someone of a particular age group
Age discrimination protection applies in employment and other covered contexts, including access to work and workplace treatment.
The Act replaced earlier legislation, including the Employment Equality (Age) Regulations 2006, consolidating protections into a single legal framework.
Who Is Protected Under Age Discrimination Law?
Age discrimination law applies broadly to individuals in employment relationships. Protection covers:
1. Employees
All employees are protected from day one of employment, regardless of hours worked or contract type.
2. Job applicants
Employers cannot discriminate against candidates during recruitment on the basis of age.
3. Workers and contractors
Individuals engaged to personally perform work (including many contractors and gig-style workers) may be protected depending on the working relationship.
4. Former employees
Protection also extends to treatment connected to previous employment, such as references or post-employment conduct.
What Counts as Age Discrimination?
Age discrimination can take several legally recognised forms.
Direct discrimination
This occurs when someone is treated less favourably because of age. Examples include:
- Rejecting a candidate because they are “too old” or “too young”
- Paying older workers less for the same role
- Refusing promotion due to assumptions about retirement age
Direct discrimination also includes decisions based on:
- Perceived age
- Age of someone associated with the worker (for example, a carer relationship)
Indirect discrimination
This occurs when a workplace policy applies to everyone but disadvantages a particular age group.
Examples include:
- Requiring many years of recent experience without justification
- Mandatory retirement policies
- Training requirements that disproportionately exclude older or younger workers
Indirect discrimination may be lawful if the employer can show it is a proportionate means of achieving a legitimate aim.
Harassment
Harassment includes unwanted conduct related to age that creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Examples include:
- Age-based jokes or comments
- Belittling remarks about “young staff” or “older workers”
- Persistent stereotyping in the workplace
Victimisation
Victimisation occurs when someone is treated badly because they have:
- Raised a discrimination complaint
- Supported another person's claim
- Taken legal action under the Equality Act 2010
When Age-Based Treatment May Be Lawful
Not all age-related treatment is unlawful. The law allows age-based differences where they can be objectively justified.
Objective justification test
An employer must show that the treatment is:
- A legitimate aim (such as health and safety, workforce planning, or business efficiency), and
- A proportionate means of achieving that aim
The proportionality test is strict and requires evidence-based reasoning rather than assumptions.
Common lawful examples
Age-based treatment may be lawful in limited circumstances, such as:
- Health and safety restrictions for specific roles
- Age-based concessions (for example, discounts or benefits in certain contexts)
- Genuine occupational requirements in rare cases
Retirement and Age Discrimination
Mandatory retirement based solely on age is generally unlawful unless objectively justified.
In most cases, employees have the right to work until they choose to retire. Any pressure to retire due to age may amount to direct age discrimination unless a lawful justification exists.
How Age Discrimination Happens in Practice
Age discrimination can arise in many workplace decisions, including:
- Recruitment and interview scoring
- Access to training or development opportunities
- Performance management processes
- Pay progression systems
- Redundancy selection criteria
- Workplace culture and informal behaviour
Even subtle assumptions about capability, adaptability, or retirement intentions can lead to unlawful treatment.
Making an Employment Tribunal Claim
Age discrimination claims are usually brought in the employment tribunal.
Time limit
A claim must generally be submitted within:
- 3 months less one day from the discriminatory act
Early conciliation with ACAS is usually required before issuing a claim, which can pause limitation deadlines.
Evidence commonly used
Tribunals typically consider:
- Emails, messages, and HR documents
- Comparator evidence (how others were treated)
- Witness statements
- Workplace policies and procedures
Remedies and Compensation
If a tribunal finds age discrimination, it may award:
- Compensation for financial loss (such as lost earnings)
- Injury to feelings compensation
- Interest on awards
- Recommendations for workplace changes (rare but possible)
There is no statutory upper limit on compensation in discrimination claims.
Common Legal Issues and Disputes
Age discrimination claims often involve:
- Difficulty proving discriminatory intent without direct evidence
- Employers relying on “objective justification” arguments
- Overlap with unfair dismissal claims
- Complex comparisons between different age groups
Legal outcomes often depend on documentation, consistency of employer decision-making, and whether policies are justified and proportionate.
Key Takeaways
Age discrimination in UK employment law occurs when someone is treated unfairly because of their age, perceived age, or association with an age group. It is prohibited under the Equality Act 2010 and covers employees, job applicants, workers, and former employees. The law recognises direct and indirect discrimination, harassment, and victimisation, while allowing limited exceptions where treatment can be objectively justified. Claims are typically brought in the employment tribunal and can result in compensation without an upper limit.
