What is Age Discrimination?

Age discrimination occurs when someone is treated unfairly or placed at a disadvantage because of their age or because they belong to a particular age group. An age group can refer to a specific age, a range of ages or a broader category, such as people over 50 or employees under 30.

Under the Equality Act 2010, age is one of the legally protected characteristics. The legislation protects people against unlawful age discrimination throughout the employment relationship, including in relation to:

• Recruitment and selection
• Terms and conditions of employment
• Salary, bonuses and workplace benefits
• Promotion and transfer opportunities
• Training and professional development
• Dismissal
• Redundancy
• Other employment-related decisions

The Equality Act 2010 applies in England, Wales and Scotland. Separate discrimination legislation applies in Northern Ireland.

Who is Protected by the Equality Act?

Protection against age discrimination is not limited to older employees. Younger people are equally capable of experiencing unlawful age discrimination.

The Equality Act provides protection across a wide range of working relationships, including employees, workers, job applicants, trainees, contract workers, office-holders and partners. Certain self-employed individuals may also be protected where they are personally required to carry out work under a contract.

Protection can apply during recruitment, employment, promotion, training, access to benefits, redundancy, dismissal and certain circumstances following the end of employment.

For example, an employer should not impose an age restriction when advertising or filling a vacancy simply because it prefers someone from a particular age group. An age requirement would usually need to fall within a specific legal exception or be capable of objective justification.

How Difficult is it to Prove Age Discrimination?

Discrimination is not always obvious. Employers rarely state openly that a decision has been made because of an employee's age, and discriminatory treatment can sometimes arise from unconscious assumptions or stereotypes.

It is also not necessary for age to be the only factor behind a decision. Depending on the circumstances, it may be sufficient for age to have materially influenced the treatment received.

Employment Tribunals can therefore consider the wider circumstances surrounding a decision. This could include differences in treatment between comparable employees, comments made about age or retirement, changes in an employer's explanation, unusual procedures or other evidence from which discrimination might reasonably be inferred.

Under the Equality Act, the initial burden rests with the claimant to establish facts from which a Tribunal could conclude, in the absence of another explanation, that discrimination occurred. If sufficient facts are established, the burden shifts to the respondent to demonstrate that there was no unlawful discrimination.

Each case will depend heavily on its particular facts and evidence.

How Does the Equality Act Protect Against Age Discrimination?

Age discrimination can arise in several different forms. The principal forms are:

• Direct discrimination
• Indirect discrimination
• Harassment
• Victimisation

In some circumstances, protection can also apply where someone is treated adversely because of the age they are perceived to be or because of their association with another person of a particular age.

Direct Age Discrimination

Direct age discrimination occurs where you are treated less favourably because of age.

This may relate to:

• Your actual age
• The age others believe you to be
• In relevant circumstances, your association with someone of a particular age

For example, an employer might choose to promote a younger employee instead of an older, equally suitable employee because it assumes the younger person will remain with the organisation for longer.

Likewise, rejecting an applicant because they are considered "too old" or "too young" could amount to direct age discrimination.

The fact that the person responsible for the decision is of a similar age does not prevent discrimination from having taken place.

Age is unusual amongst the protected characteristics because direct age discrimination may potentially be objectively justified in limited circumstances. The employer would need to demonstrate that its treatment was a proportionate means of achieving a legitimate aim.

Indirect Age Discrimination

Indirect discrimination can arise where an employer applies a provision, criterion or practice to everyone, but that requirement puts people within a particular age group at a particular disadvantage.

The rule does not need to have been introduced with discriminatory intentions.

For example, suppose an employer restricts access to a development programme to employees who have "recently graduated". Although the same requirement may technically apply to everyone, it could disproportionately disadvantage older employees.

Indirect discrimination can also arise during recruitment if a workplace requirement discourages people from a particular age group from applying.

An employer may be able to defend an indirect age discrimination claim if it can demonstrate that the requirement was a proportionate means of achieving a legitimate aim.

Harassment Related to Age

Age-related harassment involves unwanted conduct connected with age which has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive working environment.

Examples could include:

• Repeated jokes about someone's age
• Derogatory age-related nicknames
• Comments about greying hair, baldness or other signs associated with ageing
• Describing a younger employee as inexperienced purely because of their age
• Excluding someone from workplace social activities because they are regarded as too old or too young
• Persistent inappropriate comments about retirement
• Creating a workplace culture in which ageist remarks are routinely tolerated

Harassment is not restricted to conduct aimed directly at the person making a complaint. Depending on the circumstances, someone may be protected where the conduct relates to an age they are perceived to be, their connection with another person, or where they witness age-related harassment that creates an offensive environment for them.

Age-related harassment can therefore affect both younger and older workers.

Harassment by Customers, Clients or Other Third Parties

Employees can also experience inappropriate conduct from customers, clients, suppliers and other third parties.

At present, an employer will not usually be automatically liable for third-party harassment under discrimination law, although employers continue to have responsibilities towards the welfare of their workers and should take appropriate steps where concerns are raised.

The law is due to change from 30 October 2026. From that date, employers will become liable for harassment by third parties unless they can demonstrate that they took all reasonable steps to prevent it.

Victimisation

Victimisation is different from the original act of discrimination.

It occurs where someone suffers a detriment because they have carried out what the Equality Act describes as a protected act. This could include:

• Making an allegation of age discrimination
• Raising a grievance concerning discrimination
• Bringing proceedings under the Equality Act
• Providing evidence or information in connection with another person's complaint
• Supporting someone else who has raised a discrimination issue

Protection may also apply where an employer believes that you have done, or may do, one of these things.

You do not need to identify another employee who was treated differently in order to establish victimisation.

Can Age Discrimination Ever Be Justified?

Unlike most other forms of direct discrimination, certain differences in treatment based specifically on age can potentially be lawful where they are objectively justified.

An employer would generally need to establish that its action pursued a legitimate aim and that the method used to achieve that aim was proportionate.

Simply stating that a decision was convenient or commercially preferable will not necessarily be enough. The employer should be able to explain why the objective was legitimate and why less discriminatory alternatives would not adequately achieve it.

There are also circumstances where age-related requirements may be permitted by legislation or because of a genuine occupational requirement.

Whether objective justification succeeds will depend on the particular facts of the case.

Age, Retirement and Redundancy Rights

There is now no general default retirement age in the UK. In most circumstances, an employee can continue working beyond State Pension age if they wish.

An employer may operate a compulsory retirement age only in limited circumstances where it can lawfully justify doing so.

Employees should therefore not normally be dismissed, forced to retire or selected for redundancy simply because they have reached a particular age.

Similarly, reaching State Pension age does not automatically remove an employee's protection from unfair dismissal or age discrimination.

There is also no general upper age limit preventing an eligible employee from receiving statutory redundancy pay. Statutory redundancy payments are calculated partly by reference to the employee's age, together with length of service and weekly pay, as permitted by the statutory scheme.

Employers must nevertheless ensure that their redundancy selection procedures do not unlawfully discriminate because of age.

Can an Employer Make You Redundant Because of Your Age?

An employer may lawfully make an older employee redundant where there is a genuine redundancy situation and a fair, non-discriminatory selection process has been followed.

However, an employer should not label a dismissal as "redundancy" when the real reason for removing the employee is their age or an assumption that they are approaching retirement.

Age itself should not be used as a reason for selecting someone for redundancy unless the employer can rely upon a lawful exception or establish the required objective justification.

An eligible employee who is genuinely made redundant will normally retain their entitlement to statutory redundancy pay regardless of being above State Pension age.

Can Succession Planning Lead to Age Discrimination?

What is Succession Planning?

Succession planning is the process businesses use to prepare for future changes in important roles.

It may involve identifying employees who could take over key positions, developing internal talent, arranging training and preparing for the departure of senior or specialist employees.

Succession planning is a legitimate business activity. Problems can arise, however, when decisions are based on assumptions about someone's age rather than their actual intentions, ability, performance or career plans.

How Can Age Become Relevant?

A business may know that several senior members of staff could potentially leave during the coming years and may reasonably want to ensure that suitably experienced people are available to replace them.

The risk of discrimination arises when an employer begins to make employment decisions based on assumptions such as:

• An older employee is likely to retire shortly
• A younger employee will remain with the business for longer
• Someone is too old to be developed for a future position
• A particular generation is better suited to a role

Employees should generally be assessed on relevant factors such as capability, experience, performance and legitimate business requirements rather than age-based stereotypes.

When Could Succession Planning Become Discriminatory?

Potential problems could arise where an employer:

• Removes or side-lines an older employee in order to create a position for a younger person
• Restricts a senior position to candidates within a preferred age range
• Excludes someone from succession plans simply because they are regarded as being close to retirement
• Assumes an employee will leave within a particular period because of their age
• Denies training or development opportunities because the employer believes the employee is too old to justify further investment

Employers are not prohibited from discussing future career intentions or retirement altogether. Appropriate workforce planning can require conversations about future plans. However, questions should be handled consistently and should not place pressure on an older employee to retire. Acas advises that retirement discussions should not be based simply on someone's age and employees should not be pressured into making a retirement decision.

Where an employment decision expressly relies upon age, the employer may need to establish objective justification.

What Should You Do if You Believe You Have Experienced Age Discrimination?

If you remain employed, it may be appropriate to raise the issue informally first, depending on the seriousness of the situation.

For example, you could discuss your concerns with your line manager, HR department or another appropriate senior member of staff.

If the problem cannot be resolved informally, you may wish to raise a formal grievance. Your grievance should explain what happened, why you believe the treatment was connected with age and what outcome you are seeking.

You should retain relevant evidence where possible. This may include:

• Emails and messages
• Meeting notes
• Discriminatory comments
• Performance records
• Job advertisements
• Promotion or recruitment documentation
• Grievance correspondence
• Details of comparable employees
• A written timeline of relevant events

Raising an internal grievance does not necessarily prevent you from starting an Employment Tribunal claim while you remain employed.

If you have already been dismissed, or if internal action does not resolve the matter, you may consider bringing an age discrimination claim in the Employment Tribunal.

Employment Tribunal Time Limits

There are strict deadlines.

As at 31 August 2026, the time limit for most discrimination claims is generally three months minus one day from the relevant discriminatory act, although the calculation can become more complicated where there has been an ongoing course of conduct or several incidents.

Before bringing most Employment Tribunal claims, you must first notify Acas. Acas Early Conciliation can pause the applicable limitation period while the process is taking place.

From 1 October 2026, the general Employment Tribunal time limit is due to increase to six months under changes introduced by the Employment Rights Act 2025.

Because limitation rules can be complex and deadlines are strictly applied, legal advice should be obtained as early as possible.

What Compensation Can Be Awarded for Age Discrimination?

Compensation for successful discrimination claims is not subject to the same statutory compensation cap that applies to ordinary unfair dismissal claims.

The amount awarded will depend upon the circumstances and losses caused by the discrimination.

Possible compensation may include:

• Loss of earnings – Including past and, where appropriate, future loss of salary and other employment-related income
• Lost benefits – Including bonuses, commission, holiday pay, pension loss or contractual benefits where applicable
• Injury to feelings – Compensation for the distress, humiliation, anxiety or upset caused by discriminatory treatment
• Personal injury – In suitable cases where discrimination has caused a recognised psychiatric or physical injury
• Aggravated damages – Potentially available in appropriate cases where the manner in which the discrimination was carried out or subsequently handled has caused additional injury
• Interest – Which may be added to certain elements of compensation

The purpose of compensation is generally to place the claimant, so far as money can reasonably do so, in the position they would have been in had the unlawful discrimination not occurred.

Injury to Feelings Compensation – Vento Bands

Awards for injury to feelings are commonly assessed using guidelines known as the Vento bands.

For claims presented on or after 6 April 2026, the applicable bands are:

• Lower band: £1,300 to £12,600 – Generally used for less serious cases
• Middle band: £12,600 to £37,700 – Used for cases that are sufficiently serious to fall above the lower band but do not justify an upper-band award
• Upper band: £37,700 to £62,900 – Reserved for the most serious cases

In exceptional circumstances, an award may exceed £62,900.

The appropriate award will depend on the impact that the discrimination actually had on the individual rather than simply the number of discriminatory acts that occurred.

Can You Claim for Personal Injury Caused by Age Discrimination?

An Employment Tribunal does not generally deal with a standalone personal injury claim in the same way as the civil courts.

However, where physical or psychiatric injury has been caused by unlawful discrimination, compensation for that injury can potentially form part of the discrimination claim.

Psychological injuries are often more relevant in employment discrimination cases than physical injuries. These can include recognised psychiatric conditions arising from prolonged discriminatory treatment, harassment or other unlawful conduct.

There must normally be an adequate connection between the employer's unlawful conduct and the injury being claimed. Medical evidence can therefore be particularly important in establishing:

• The nature of the condition
• Its severity
• When it developed
• Its likely cause
• Treatment received
• The expected recovery period
• Any continuing effects

Compensation for personal injury is separate from an injury to feelings award, although Tribunals must take care to avoid compensating a claimant twice for the same harm.

Relevant financial and non-financial losses may include the effects of pain and suffering, loss of amenity, treatment expenses and loss of earnings where these have resulted from the injury.

When assessing psychiatric injury, factors that may be relevant include:

• The person's ability to manage everyday life and employment
• The effect on relationships with family, friends and others
• The seriousness and duration of the symptoms
• Whether treatment has been sought
• The likely effectiveness of treatment
• The prognosis and expected recovery
• Any increased vulnerability in the future
• The circumstances in which the psychiatric injury arose

Medical and legal advice is particularly important where a discrimination claim includes a significant personal injury element.

What Usually Cannot Be Claimed as Part of an Age Discrimination Case?

An Employment Tribunal's powers are limited to the remedies available under employment and discrimination legislation.

Generally, you should not assume that you can obtain:

• Compensation simply for damage to reputation without an identifiable recoverable loss
• A separate injury to feelings award for every individual discriminatory incident where the incidents form part of the same overall course of treatment
• An order requiring your employer to provide a personal apology
• Reimbursement of all legal costs simply because you succeed in your claim

Unlike many civil court proceedings, the usual rule in the Employment Tribunal is that each party bears its own legal costs. Costs can nevertheless be awarded in particular circumstances, including certain cases involving unreasonable conduct.

The precise remedies available will always depend upon the nature of the claim, the evidence and the losses that can properly be established.