Age discrimination: UK employment law

Essential points

• It is unlawful to discriminate against someone because they possess one of the ‘protected characteristics’ defined in the Equality Act 2010. Age is one of those protected characteristics.
• Age discrimination encompasses discrimination against people of all ages (in other words, whether they are older or younger) and at all stages of the employment cycle: recruitment, promotion, employment, terms and conditions, redundancy and dismissal or termination. 
• Workers and employees are protected under the Equality Act 2010 as are consultants, office holders and partners. 
• Direct, indirect, victimisation and harassment are all forms of age discrimination in employment which are prohibited. 
• Direct and indirect age discrimination can be justified if the treatment or provision criterion or practice is a proportionate means of achieving a legitimate aim. The ability in law to justify direct age discrimination is unusual and is in contrast to other forms of discrimination where usually only indirect discrimination can be justified.