Age discrimination at work is unlawful under the Equality Act 2010. This guide explains what counts, which protections apply, and how to make a claim — whether you are young or old.
Age discrimination is one of the least-challenged forms of workplace discrimination in the UK — yet it is just as unlawful as race or sex discrimination. Whether you are passed over for promotion because you are "too old", rejected for a job because you are "too young", or made redundant at 55 while younger colleagues are kept on, the law gives you real protections.
This guide explains your rights in plain English.
Age is a protected characteristic under the Equality Act 2010, section 4. The Act protects workers of all ages — there is no minimum or maximum age threshold. Both the young and the old can be victims of age discrimination.
The protected characteristic applies to employees, workers, job applicants, and some self-employed people in their relationship with an employer or potential employer.
Treating someone less favourably because of their age (or perceived age, or the age of someone they associate with).
Examples:
Applying a rule or policy that appears neutral but disproportionately disadvantages people of a particular age — unless it can be objectively justified.
Examples:
Unwanted conduct related to age that creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Examples:
Treating someone badly because they have complained about age discrimination or helped someone else do so.
Unlike most other protected characteristics, direct age discrimination can be objectively justified — this is unique to age.
An employer can treat someone differently because of their age if it is a "proportionate means of achieving a legitimate aim." Examples where courts have accepted justification:
However, the justification must be genuine and proportionate — mere assumptions about age and ability are not sufficient.
The default retirement age was abolished in 2011. Employers can no longer force workers to retire simply because they reach a particular age (unless they can objectively justify a mandatory retirement age for their specific role).
Forcing someone to retire because of their age — without objective justification — is direct age discrimination and potentially unfair dismissal.
Age discrimination in redundancy is common and often subtle. Red flags include:
Statutory redundancy pay calculations do include an age element (0.5 weeks' pay under 22, 1 week 22–40, 1.5 weeks 41+) — but this is expressly permitted by statute as a legitimate aim, so it does not constitute unlawful discrimination.
Age discrimination claims are brought in the Employment Tribunal:
Compensation is uncapped and includes:
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