Age Discrimination At Work: Your Rights Under Employment Law (10 June 2026) (Video)

Age discrimination in the workplace is unlawful under the Equality Act 2010. Whether you are a younger worker being overlooked for promotion, an older employee facing pressure to retire, or a job applicant who believes their date of birth counted against them, the law provides clear protections against age-related unfavourable treatment at every stage of employment and vocational training. This guide explains the types of age discrimination, when discrimination can be justified, and what steps you can take if you experience ageism at work.

What Is Age Discrimination Under the Equality Act 2010?

Age is a protected characteristic under the Equality Act 2010. This means it is unlawful for an employer to discriminate against an employee, worker, or job applicant directly or indirectly because of their age or the age group to which they belong. Protection against age discrimination applies regardless of whether the person is young or old; the law prohibits discrimination against any particular age group, not just older workers.

Age discrimination under the Equality Act 2010 covers all aspects of employment, including recruitment, terms and conditions, opportunities for promotion and training, dismissal, and redundancy. It also applies to vocational training providers and certain other organisations beyond the employment relationship.

Types of Age Discrimination

Direct Age Discrimination

Direct age discrimination occurs when an employer treats an employee or job applicant less favourably because of their age than they would treat someone of a different age in the same or similar circumstances. Examples include refusing to interview a candidate because their CV suggests they are over a certain age, selecting an older employee for redundancy because the employer considers them ‘too close to retirement’, or denying a younger worker a role on the assumption they lack sufficient experience based on age alone rather than actual ability.

Unlike most other protected characteristics, direct age discrimination can in some circumstances be objectively justified under the Equality Act 2010. An employer may be able to justify direct age discrimination if they can show it is a proportionate means of achieving a legitimate aim. However, the bar for objective justification is high, and what constitutes a legitimate aim and proportionate means is assessed carefully by employment tribunals on the facts of each case.

Indirect Age Discrimination

Indirect age discrimination occurs where an employer applies a provision, criterion, or practice (PCP) that applies equally to all workers but puts people of a particular age group at a particular disadvantage compared to others, and the employer cannot objectively justify it. An example might be a requirement that all applicants for a role must have a minimum number of years’ experience — while applied equally on its face, such a requirement may indirectly discriminate against younger workers who have not had the opportunity to accumulate that experience regardless of their actual capability. Indirect age discrimination can be justified if the employer can demonstrate it is a proportionate means of achieving a legitimate aim and that the business need is genuine.

Harassment

Harassment related to age occurs when an employer or colleague engages in unwanted conduct related to a worker’s age that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. This can include repeated age-related comments or ‘jokes’, microaggressions about older workers being out of touch, or remarks that suggest younger workers are not mature enough to handle responsibility. Harassment does not require a formal complaint to constitute unlawful treatment — the effect on the individual is what matters.

Victimisation

Victimisation occurs where an employer subjects an employee to a detriment because they have made a complaint of age discrimination, supported a colleague’s complaint, or done anything else in connection with the Equality Act 2010. An employee who raises a grievance about ageism at work and is subsequently managed out, denied a promotion, or treated less favourably as a result may have a claim for victimisation in addition to any underlying discrimination claim.

Retirement Age and Age Discrimination

The default retirement age of 65 was abolished in England and Wales in 2011. Employers can no longer set a compulsory retirement age for their employees unless they can objectively justify it as a proportionate means of achieving a legitimate aim. In practice, objectively justifying a compulsory retirement age is difficult and will be scrutinised closely by a tribunal. Forcing an employee to retire at a fixed age without justification will constitute unlawful direct age discrimination.

There is no normal retirement age in UK law. Employees have the right to continue working for as long as they choose, subject to their contractual position and any lawful capability or performance management processes. An employer who applies pressure on an older employee to retire, or who takes steps to make their position untenable as a result of age-related assumptions, may be liable for age discrimination and, depending on the circumstances, constructive dismissal.

When Can Age Discrimination Be Justified?

Age is unique among the protected characteristics in that both direct and indirect age discrimination can be objectively justified under the Equality Act 2010, provided the employer can demonstrate that the treatment is a proportionate means of achieving a legitimate aim. Legitimate aims can include genuine business needs, health and safety objectives, or specific workforce planning requirements. However, vague or generalised assertions of business need will not be sufficient; case law makes clear that the justification must be specific, evidenced, and genuinely linked to the particular measure in question.

Employers who seek to justify age discrimination bear the burden of establishing both the legitimacy of the aim and the proportionality of the means. Where a less discriminatory alternative would achieve the same aim, a tribunal is likely to find that the more discriminatory approach cannot be justified. Positive action, taking steps to address disadvantage experienced by a particular age group, is permitted under the Equality Act in certain circumstances, but positive discrimination (treating someone more favourably solely because of their age) is not.

Age Discrimination in Redundancy

Redundancy is one of the areas where age discrimination most commonly arises. Selection criteria that favour younger workers, such as ‘last in first out’ policies, may indirectly discriminate against older employees if they have a disparate impact on a particular age group that cannot be justified. Similarly, using length of service as the sole or primary selection criterion may disproportionately disadvantage younger workers.

Statutory redundancy pay is calculated by reference to age and length of service under the Employment Rights Act 1996. While this formula involves age-related multipliers, it has been held to be objectively justified as a means of rewarding long service and recognising the greater difficulty older workers may face in finding new employment. An employer who uses age as a direct or indirect criterion for selection in a redundancy process beyond the statutory framework, without objective justification, risks an age discrimination claim alongside any unfair dismissal claim.

Making a Complaint of Age Discrimination

If you believe you have experienced age discrimination at work, the following steps are worth considering:

• Keep a written record of incidents as they occur, including dates, what was said or done, and who was present
• Raise the matter informally with your employer in the first instance if you feel able to do so
• If informal steps do not resolve the issue, raise a formal grievance under your employer’s grievance procedure
• Contact Acas for early conciliation before making a claim to an employment tribunal — this step is mandatory
• Seek legal advice promptly, as strict time limits apply: you must generally submit a tribunal claim within 3 months less one day of the act of discrimination

Further information and guidance is also available from the Equality Advisory and Support Service (EASS), which provides free advice on equality law in the UK.

Get Legal Advice on Age Discrimination at Work

Age discrimination claims require careful assessment of the facts, the employer’s justification, and the applicable case law. Duncan Lewis’ specialist employment law solicitors advise employees who have experienced direct or indirect age discrimination, harassment, or victimisation at work. Whether you are considering raising a grievance, need advice on a redundancy process, or want to understand whether you have a viable tribunal claim, contact us today for expert employment law advice.

Think you have experienced age discrimination at work? Contact Duncan Lewis today for specialist employment law advice on your rights and options.