Age Discrimination in the Workplace
Age discrimination in the workplace is an increasingly common issue faced by UK employers. I’m John Bloor from EBS Law, and in this article I explain what age discrimination is, the risks for employers, and the practical steps you can take to prevent it and protect your business.
What is age discrimination?
Under the Equality Act 2010, age is one of the nine protected characteristics. This means it is unlawful to treat someone unfairly because of their age, whether they are younger or older. Age discrimination can occur in recruitment, promotion, training, redundancy, or dismissal decisions. Even workplace culture, jokes, or assumptions about capability based on age can amount to discrimination.
Types of age discrimination in the workplace
There are four main types of unlawful age discrimination:
- Direct discrimination: treating someone less favourably because of their age, such as refusing to hire older workers.
- Indirect discrimination: applying a policy or practice that disadvantages a particular age group, unless it can be justified.
- Harassment: unwanted behaviour related to age that violates dignity or creates a hostile environment.
- Victimisation: treating someone badly because they complained about age discrimination.
Examples of age discrimination in the workplace
Employers may face claims for age discrimination where, for example:
- Job adverts specify an age range or use terms like “young and dynamic”
- Older workers are overlooked for training or promotion
- Redundancy selection criteria unfairly impact younger or older staff
- Derogatory comments about someone’s age are tolerated
Even well-intentioned decisions, such as assuming an older employee will not want to train on new technology, can lead to claims.
Risks of ignoring age discrimination in the workplace
Claims can result in unlimited compensation awards, including injury to feelings damages. Beyond legal liability, employers risk reputational damage, lower morale, and difficulty attracting a diverse workforce. A single successful claim can also encourage further grievances or claims within your business. You can read more about the law on gov.uk: discrimination rights.
If you would like free advice, John Bloor and the team are here to help. Call John today on 01625 874400 or email enquiries@ebslaw.co.uk for tailored support.
How to prevent age discrimination
Employers should take proactive steps to reduce the risk of age discrimination. These include:
- Reviewing job adverts to ensure they are neutral and inclusive
- Using objective, measurable criteria in recruitment and promotion decisions
- Providing equal access to training and development opportunities
- Challenging inappropriate comments or stereotypes in the workplace
Policies should make clear that age discrimination is unacceptable and outline procedures for raising complaints.
Investigating complaints of age discrimination
When an employee raises a complaint, it must be taken seriously. Employers should investigate promptly, interview relevant witnesses, and document findings carefully. If the complaint is upheld, appropriate disciplinary action should follow. Failing to deal with complaints can lead to constructive dismissal or discrimination claims at tribunal.
Training managers and staff
Training is one of the most effective ways to prevent age discrimination. Managers should understand their responsibilities under the Equality Act, and all staff should be aware of workplace policies. Regular refresher training helps maintain awareness and demonstrates your commitment to compliance.
Checklist for employers:
- Do your recruitment materials avoid age bias?
- Are promotion and training decisions based on objective criteria?
- Have you trained managers to recognise and prevent discrimination?
- Do you investigate complaints promptly and fairly?
- Are disciplinary measures enforced consistently?
Legal claims and tribunal risks
Employees who believe they have suffered age discrimination can bring a claim to an employment tribunal. Compensation is uncapped, and cases often attract media attention. Employers must therefore prepare robust defences, supported by clear documentation and fair processes. The best defence is prevention through policies, training, and consistent application of procedures.
Creating an inclusive culture
Tackling age discrimination is not just about legal compliance; it is about building an inclusive workplace culture. Employers should value the contributions of staff of all ages, promote intergenerational collaboration, and highlight the benefits of a diverse workforce. A culture of respect reduces legal risk and improves employee engagement.
Contact John Bloor today for expert support at EBS Law. We’re here to ensure your business stays protected every step of the way. Call 01625 874400 or email enquiries@ebslaw.co.uk.
You may also find these EBS Law resources helpful:
- Addressing Workplace Discrimination Claims (including age)
- Employment Law Redundancy: Key Insights for Employers (age-related selection criteria)
- Types of Discipline in the Workplace – Employers Guidance (risk of age-based discrimination)
Disclaimer: This article provides general guidance only and does not constitute legal advice. For tailored advice on your specific circumstances, please contact us directly.