Discrimination at work.

Age Discrimination

Age is one of the nine protected characteristics under the Equality Act 2010.

Workers must not normally be treated unlawfully because of their age or because they belong to a particular age group.

Protection can apply to:

• employees;
• workers;
• job applicants;
• agency workers;
• contract workers;
• office holders;
• some self-employed people required to perform work personally;
• people undertaking vocational training; and
• former workers in relation to matters such as references.

Unpaid volunteers are not generally protected by the employment provisions of the Equality Act in the same way as employees and workers. Special rules and exceptions can also apply to service in the armed forces.

This guide covers age discrimination law in England, Wales and Scotland. Northern Ireland has separate discrimination legislation.

What Is Age Discrimination?

Age discrimination occurs where somebody is treated unlawfully because of:

• their actual age;
• the age group to which they belong;
• the age they are perceived to be; or
• their association with somebody of a particular age.

An age group can be broad or narrow. It may include:

• people under 25;
• people over 50;
• younger workers;
• older workers;
• people of pension age; or
• people within a specific age range.

Age discrimination can affect younger and older people.

Where Does Protection Apply?

Protection applies throughout the employment relationship, including:

• job advertising;
• recruitment;
• interviews;
• terms and conditions;
• pay and benefits;
• training;
• promotion;
• performance management;
• disciplinary action;
• redundancy;
• retirement;
• dismissal;
• references; and
• treatment after employment has ended.

There is no minimum length of service required to bring an age discrimination claim.

Types of Age Discrimination

Direct Age Discrimination

Direct discrimination occurs where a person is treated less favourably because of age.

Examples may include:

• rejecting an applicant because they are considered too old;
• refusing promotion because an employee is thought to be too young;
• excluding older workers from training;
• selecting somebody for redundancy because they are near retirement age; or
• giving younger employees less favourable benefits because of assumptions about commitment.

Unlike direct discrimination involving most other protected characteristics, direct age discrimination may be lawful if the employer proves that the treatment was objectively justified.

Indirect Age Discrimination

Indirect discrimination can arise where an employer applies a rule, requirement or practice to everyone but it places people in a particular age group at a disadvantage.

Examples may include:

• requiring qualifications normally obtained only recently;
• advertising solely through media used mainly by one age group;
• requiring an unnecessarily long period of experience;
• using physical tests unrelated to the role;
• requiring employees to work patterns that disadvantage a particular age group; or
• restricting benefits to people with a length of service that favours one age group.

The employer may defend the rule if it is a proportionate means of achieving a legitimate aim.

Age-Related Harassment

Harassment is unwanted conduct related to age that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Examples may include:

• repeated jokes about an employee being too old or too young;
• comments about retirement, appearance or physical ability;
• calling an older employee slow or out of touch;
• calling a younger employee immature or inexperienced without proper basis;
• excluding somebody from workplace activities because of age; or
• displaying age-related offensive material.

A single serious incident may amount to harassment.

Victimisation

Victimisation occurs where somebody suffers a detriment because they:

• complained about age discrimination;
• supported another person’s complaint;
• gave evidence in Equality Act proceedings;
• raised an allegation that equality law had been breached; or
• were believed to have done one of these things.

Examples may include dismissal, reduced hours, exclusion or an adverse reference following a complaint.

Discrimination by Association

Direct discrimination can occur because of a person's association with somebody of a particular age.

For example, an employee might be treated less favourably because they care for an elderly parent.

However, associative discrimination does not mean that every policy available to parents must automatically be offered on identical terms to carers of older relatives.

The legal question is whether the employee has been treated less favourably because of the other person's age or another protected characteristic.

Discrimination by Perception

A person may be protected where they are treated unfavourably because they are wrongly believed to be a particular age.

For example, an applicant may be rejected because an employer incorrectly assumes from their appearance that they are close to retirement.

Objective Justification

Some direct and indirect age discrimination may be lawful where it is objectively justified.

The employer must show that:

• there is a legitimate aim;
• the treatment or rule genuinely helps achieve that aim;
• the measure is proportionate; and
• a less discriminatory alternative would not achieve the objective adequately.

Legitimate aims might include:

• health and safety;
• workforce planning;
• training and retaining staff;
• ensuring competence;
• protecting employment opportunities;
• providing an effective service; or
• another genuine business or social objective.

Cost or convenience alone will not normally be sufficient.

The employer should have evidence supporting the justification rather than relying on stereotypes or assumptions.

Recruitment and Job Advertising

Employers must avoid unlawful age discrimination when advertising and filling vacancies.

Potentially discriminatory wording may include:

• "young and energeti"";
• "mature person require"";
• "recent graduat"" where this is unnecessary;
• "digital nativ"";
• an unjustified minimum or maximum age; or
• language suggesting a role is intended for a particular generation.

Employers should describe the skills, qualifications and abilities required rather than the age of the desired applicant.

Experience Requirements

An employer may require relevant experience when it is genuinely needed for the role.

A requirement for a specified number of years is not automatically unlawful. However, a lengthy requirement may indirectly disadvantage younger applicants.

The employer should consider whether the same objective could be achieved by asking for:

• demonstrable competence;
• experience performing particular tasks;
• relevant qualifications;
• evidence of responsibility; or
• specific technical knowledge.

A requirement should not exceed what is reasonably necessary.

Application Forms and Dates of Birth

Employers should not use a date of birth to make recruitment decisions unless age is genuinely relevant and lawful.

Age information may be requested for monitoring, identity verification, right-to-work, or legal purposes, but it should be kept separate from selection where possible.

Minimum Ages and Legal Restrictions

Some work is subject to statutory age restrictions.

These may concern:

• the sale of alcohol;
• gambling;
• driving;
• dangerous machinery;
• night work by young workers;
• working-time limits;
• licensed premises; and
• particular regulated occupations.

Adhering to a legal age restriction will not normally amount to unlawful discrimination.

An employer should not impose a higher age requirement than the law requires without separate justification.

Pay and Benefits

Employers must avoid unjustified age discrimination in pay, bonuses, pensions and workplace benefits.

Differences may sometimes be lawful where they:

• reflect statutory minimum wage age bands;
• follow statutory redundancy-pay rules;
• reward length of service within permitted limits;
• arise from lawful pension arrangements; or
• are objectively justified.

Length-of-service benefits of up to five years are generally permitted. Longer service requirements may also be lawful where the employer reasonably believes they reward loyalty, encourage motivation or recognise experience.

Training and Promotion

Training and promotion decisions should be based on ability, performance, potential and business needs rather than age stereotypes.

Potential discrimination may include:

• refusing training because an older employee may retire soon;
• assuming a younger employee lacks maturity;
• excluding workers from development programmes because of age;
• setting age limits for management roles; or
• favouring applicants believed to fit a younger company image.

Performance Management

Employees of all ages should be assessed against fair and consistent standards.

An employer should not assume that:

• older workers cannot learn new technology;
• younger workers are unreliable;
• older workers have declining health;
• younger workers lack commitment; or
• performance problems are caused by age.

Where performance concerns exist, they should be supported by evidence and handled through a fair process.

Flexible Working and Caring Responsibilities

Employees can make a statutory flexible-working request from the first day of employment.

A request may relate to:

• hours;
• working days;
• shift patterns;
• remote working;
• part-time work; or
• another change to working arrangements.

The right is to request flexible working, not an automatic right to receive it.

An employer must reasonably consider the request and may reject it only for a permitted business reason.

Unfair treatment of somebody caring for an older or disabled relative may also raise issues of associative discrimination, disability discrimination or indirect sex discrimination, depending on the facts.

Redundancy

Redundancy selection must not be based on age.

Potentially discriminatory practices include:

• selecting older workers because they are closer to retirement;
• selecting younger workers on the assumption that they have fewer commitments;
• pressuring older staff to volunteer;
• excluding people from voluntary redundancy because of age;
• using age-related assumptions about energy or adaptability; or
• using indirectly discriminatory criteria without justification.

Selection criteria should be clear, objective and applied consistently.

Length of Service

Length of service can indirectly favour older workers and disadvantage younger employees.

It may be used as part of redundancy selection where objectively justified, but relying on "last in, first out" as the sole criterion may create a risk of discrimination.

Length of service is expressly relevant to the statutory calculation of redundancy pay.

Redundancy Payments

Statutory redundancy pay is calculated using age, length of service and weekly pay, subject to statutory limits.

This age-related calculation is permitted by law.

Enhanced redundancy arrangements based on the statutory formula may also fall within a specific Equality Act exception.

Retirement

The former default retirement age of 65 no longer exists.

Employees can normally continue working beyond State Pension age.

An employer must not dismiss or pressure somebody to retire simply because they have reached a particular age unless the retirement age can be objectively justified.

A compulsory retirement age may potentially be justified where the employer has convincing evidence that it is a proportionate means of achieving a legitimate aim.

This is difficult to establish and depends on the particular role and workplace.

Discussing Retirement Plans

An employer may discuss plans with employees, provided conversations are handled consistently and without pressure.

It is safer to discuss career and future intentions with employees of all ages rather than targeting older workers.

An employee cannot be required to disclose their retirement plans unless a lawful retirement arrangement applies.

Dismissal

Dismissing somebody because of age may amount to direct discrimination unless objectively justified.

A discriminatory dismissal may also be unfair.

Age discrimination protection applies from the beginning of employment. A qualifying period is not required.

Depending on the circumstances, an employee may bring claims for:

• age discrimination;
• harassment;
• victimisation;
• unfair dismissal;
• wrongful dismissal; or
• another related employment right.

The eligibility rules for ordinary unfair dismissal are separate from discrimination law.

References and Former Employees

Age discrimination protection can continue after employment ends.

An employer must not provide an adverse or misleading reference because of age or because the former employee complained about discrimination.

An employer does not usually have to provide a reference unless a contract, regulatory rule or established practice requires one. Where a reference is provided, it should be accurate and fair.

Harassment by Colleagues and Customers

An employer may be legally responsible for age-related harassment carried out by employees in the course of employment.

Employers should:

• maintain clear equality and anti-harassment policies;
• train managers and staff;
• provide reporting routes;
• investigate complaints promptly;
• protect complainants from victimisation; and
• take appropriate action where misconduct is established.

An employer may have a defence if it proves it took all reasonable steps to prevent discrimination.

Making an Internal Complaint

An employee who believes they have experienced age discrimination may:

• raise the issue informally;
• speak to a manager or human resources;
• make a formal grievance;
• contact a trade union representative;
• collect relevant evidence;
• submit a written flexible-working request where relevant;
• appeal a dismissal or redundancy decision; and
• obtain legal advice.

A grievance should identify:

• what happened;
• when it happened;
• who was involved;
• why the treatment is believed to relate to age;
• any witnesses;
• supporting documents; and
• the outcome requested.

Evidence of Age Discrimination

Relevant evidence may include:

• job advertisements;
• application and interview records;
• emails and messages;
• comments about age or retirement;
• performance records;
• training and promotion decisions;
• redundancy scores;
• workplace policies;
• witness statements;
• statistics showing disadvantage to an age group; and
• evidence of how workers of different ages were treated.

Discrimination does not have to be admitted openly. A tribunal may draw inferences from the evidence where the employer cannot provide a credible non-discriminatory explanation.

Employment Tribunal Time Limits

As of July 2026, most age discrimination claims must normally be started within three months less one day of the discriminatory act.

Where there is a continuing discriminatory act, time may run from the end of that act. Separate incidents do not always form one continuing act.

Before bringing most tribunal claims, the claimant must notify Acas and consider Early Conciliation.

Early Conciliation can affect the deadline. Still, internal grievances and appeals do not normally stop time from running.

The tribunal may extend the time limit where it considers this just and equitable, but an extension should not be assumed.

Employment Rights Changes

The general employment tribunal time limit is due to increase from three months to six months in October 2026.

Until that change takes effect, claimants should continue to work on the existing three-month limit.

Compensation and Remedies

An employment tribunal may award:

• compensation for financial loss;
• compensation for injury to feelings;
• interest;
• a declaration of legal rights; and
• a recommendation intended to reduce the effects of discrimination.

There is no fixed statutory upper limit on compensation for unlawful age discrimination.

The amount depends on the financial loss, seriousness of the treatment and evidence of injury to feelings.

How an Age Discrimination Solicitor Can Help

An employment solicitor may assist with:

• assessing whether treatment amounts to age discrimination;
• reviewing recruitment decisions;
• drafting grievances;
• challenging redundancy selection;
• retirement and dismissal disputes;
• harassment and victimisation complaints;
• flexible-working issues;
• Acas Early Conciliation;
• settlement negotiations;
• employment tribunal claims;
• calculating compensation; and
• advising employers on policies and objective justification.

Finding an Age Discrimination Solicitor

Age discrimination can affect workers at any stage of their careers. Some age-related treatment is expressly permitted or may be objectively justified, but assumptions and stereotypes are not sufficient.

Strict employment tribunal deadlines apply. Anyone considering a claim should take advice promptly and should not wait for an internal grievance or appeal to finish before checking the time limit.

Use the search facility at the top of this page to find an employment solicitor experienced in age discrimination claims.

This guide provides general information about age discrimination at work in Great Britain. It does not constitute legal advice and should not replace advice about a particular employment decision or claim.