Age discrimination: UK employment law

Essential points

• Age is one of the 'protected characteristics' defined in the Equality Act 2010. It is unlawful to discriminate against someone for one (or more) of the 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. 
• In contrast to other protected characteristics, where direct discrimination is unlawful unless there is a ‘genuine occupational requirement’ exception, or the situation allows positive action, it is possible for an employer to justify direct discrimination (as well as indirect discrimination) on grounds of age,  if the treatment is a proportionate means of achieving a legitimate aim.