What is Age Discrimination?
What is Age Discrimination?
Age discrimination means being treated unfairly or less favourably because of your age – whether you are younger or older. Under UK law, age is recognised as one of the protected characteristics under the Equality Act 2010. This means it is unlawful for organisations or individuals to discriminate against you simply because of how old you are.
The Equality Act 2010 sets out clear rules to protect people from age discrimination in a range of situations. The law applies in the workplace, when using services (like shops, banks, or healthcare), in education, and even in housing. Its goal is to ensure everyone is treated fairly, regardless of age.
Examples of Age Discrimination
Age discrimination can take many forms in everyday life. For example:
- At work: An employer refuses to consider job applications from people over 50, or only offers training opportunities to younger employees.
- When accessing services: A bank refuses to offer certain financial products to people under 25, or a healthcare provider prioritises treatment based on age rather than need.
- In housing: A landlord refuses to rent a property to someone because they think they are "too young" or "too old."
These are just a few examples, but age discrimination can happen in many other settings as well.
Types of Age Discrimination
The law recognises two main types of age discrimination:
- Direct age discrimination: This is when someone is treated worse than another person in a similar situation, simply because of their age.
- Indirect age discrimination: This happens when a policy, rule, or practice applies to everyone but puts people of a certain age group at a disadvantage.
To learn more about these types and how they might affect you, visit direct and indirect age discrimination.
Age as a Protected Characteristic
Age is just one of several protected characteristics under the Equality Act 2010. Others include race, sex, disability, religion or belief, sexual orientation, and more. Understanding all protected characteristics under the Equality Act 2010 can help you recognise your rights and what to do if you experience any form of discrimination.
Knowing your rights under the Equality Act 2010 is the first step to ensuring you are treated fairly, whatever your age.
Where Can Age Discrimination Occur?
Age discrimination can happen in many areas of everyday life, not just at work. The law protects people of all ages – both younger and older – from unfair treatment because of their age. Understanding where age discrimination can occur helps you recognise your rights and take action if needed.
Workplaces
One of the most common places where age discrimination occurs is in the workplace. This can include unfair treatment during recruitment, training, promotions, pay, and even dismissal. For example, if a job advert sets an unnecessary age limit or an employer refuses to consider younger or older candidates, this could be unlawful. Similarly, denying training opportunities or promotions based on age is usually not allowed. Specific rules about age discrimination at work are set out in the Age Discrimination in Employment Regulations 2006, which work alongside the Equality Act 2010, Section 5. If you want to learn more about your rights at work, see our guide on workplace discrimination.
Accessing Services
Age discrimination can also happen when you use services such as banks, shops, healthcare providers, or insurance companies. For example, an insurance company might refuse to provide cover or charge higher premiums simply because of your age. In healthcare, being denied certain treatments or services due to age rather than medical need could be discriminatory. The Equality Act 2010, Section 5 sets out the legal rules that protect you in these situations.
Education
Schools, colleges, and universities must not treat students unfairly because of their age. This includes access to courses, facilities, and support services. While some age-based policies (such as age limits for certain apprenticeships) may be allowed if they can be justified, blanket bans are usually not lawful.
Housing
Age discrimination can also affect your ability to rent or buy a home. For instance, a landlord or letting agent refusing to rent to someone because they are considered "too young" or "too old" may be acting unlawfully. The law also protects older people from being denied access to sheltered accommodation or support services purely on the basis of age.
Insurance
When it comes to insurance, age can impact the availability and cost of policies, especially for older people. Some insurers may impose age limits or higher premiums for house insurance. However, there are rules in place to ensure these decisions are based on relevant risk factors, not just age alone. For more on this topic, see our guide to age and house insurance in the UK.
Lawful Age-Based Rules
Not all age-based policies are unlawful. Some rules – like the State Pension age (explained further in our guide to State Pension Age) – are set by law and are allowed. Employers may also have justifiable reasons for certain age-related policies, such as health and safety restrictions for young workers or insurance requirements. The key difference is whether the policy can be objectively justified and is proportionate.
Unlawful vs. Lawful Discrimination
Unlawful age discrimination happens when you are treated worse than someone else in a similar situation because of your age, and there is no good reason for this treatment. However, if there is a legitimate aim – such as public safety, health, or complying with the law – and the action taken is appropriate and necessary, age-based treatment may be lawful.
If you are unsure whether what you have experienced counts as age discrimination, reviewing the legal definitions in the Equality Act 2010, Section 5 can help clarify your rights.
Understanding where age discrimination can occur – and knowing the difference between lawful and unlawful treatment – can empower you to challenge unfair practices and seek support where needed.
Your Rights Under the Equality Act 2010
Under the Equality Act 2010, it is unlawful to treat someone unfairly because of their age. This protection applies in many areas of life, including work, education, and when accessing services such as healthcare or housing. The law is designed to ensure that people of all ages are treated with dignity and respect.
What Is Age Discrimination?
Age discrimination happens when you are treated less favourably because of your age, or because you are perceived to be a certain age. The Equality Act 2010 recognises several types of age discrimination:
Direct and Indirect Age Discrimination
- Direct age discrimination occurs when someone is treated worse than another person in a similar situation specifically because of their age. For example, if a job advert states that only applicants under 30 will be considered, this is likely to be direct age discrimination.
- Indirect age discrimination happens when a rule or policy applies to everyone but disadvantages people of a certain age group. For instance, requiring all employees to have a certain number of years’ experience may disadvantage younger candidates, unless this requirement can be justified.
To learn more about how these forms of discrimination work in practice, see direct and indirect age discrimination.
Harassment and Victimisation
The Equality Act 2010 also protects you from unwanted behaviour related to your age that creates a hostile, degrading, or offensive environment – this is known as harassment. Victimisation occurs if you are treated badly because you have made a complaint about age discrimination or supported someone else’s complaint. For a detailed explanation of these protections, visit the Acas page on harassment and victimisation.
Duties of Employers and Service Providers
Employers, education providers, and organisations offering goods or services have a legal duty to avoid unlawful age discrimination. This means they must not make decisions – such as hiring, promotions, or access to services – based on age unless there is a valid legal reason.
Employers should regularly review their practices and policies to ensure they do not discriminate based on age, whether directly or indirectly. If you believe you have been treated unfairly, you have the right to challenge this treatment and seek redress.
Are There Any Exceptions?
There are some situations where age discrimination may be allowed if it can be objectively justified. For example, a minimum age requirement for certain jobs (like serving alcohol) may be necessary for legal reasons. Similarly, an employer may be able to justify a policy that indirectly disadvantages a certain age group if it is a proportionate means of achieving a legitimate aim, such as health and safety. In rare cases, an occupational requirement related to age may be lawful.
Understanding and Enforcing Your Rights
Knowing your rights under the Equality Act 2010 empowers you to challenge unfair treatment. If you believe you have experienced age discrimination, you can ask for an explanation, raise a formal complaint, or take further legal action if necessary. It is important to act promptly, as there are time limits for making complaints.
Other Protected Characteristics
Age is just one of several characteristics protected by the Equality Act 2010. The law also covers disability discrimination, gender and sex discrimination, pregnancy and maternity discrimination, race discrimination, religious or belief-based discrimination, sexual orientation discrimination, and trans and non-binary discrimination. Exploring these topics can help you understand the full scope of your rights.
By understanding how the Equality Act 2010 protects you against age discrimination, you can take informed steps to ensure fair treatment and challenge any unlawful behaviour you experience.
Examples of Age Discrimination
Examples of Age Discrimination
Age discrimination can take many forms, and understanding real-life examples can help you recognise when it might be happening. Under the Equality Act 2010, Section 5, it is generally unlawful to treat someone unfairly because of their age in the workplace, when accessing services, or in other areas of public life. Below are some common examples to illustrate how age discrimination can occur, and what may or may not be lawful.
Workplace Examples
Passed Over for Promotion
If an employee is consistently overlooked for promotion in favour of younger colleagues, despite having similar or better qualifications and experience, this could be a case of direct age discrimination. For example, if an employer tells an older worker that they are "too old to keep up with new technology," and chooses a younger candidate instead, this is likely to be unlawful. For more information about this, see direct discrimination.
Recruitment Practices
Job adverts that specify an age range, such as "seeking candidates aged 18-30," or require "recent graduates" without justification, may also be discriminatory unless the employer can show there is a good reason (objective justification) for the requirement.
Redundancy and Training
If older workers are more likely to be selected for redundancy, or are denied training opportunities because of their age, this could amount to age discrimination. For example, refusing to send someone on a course because they are "close to retirement" is usually unlawful.
Examples in Services
Refusal of Insurance or Unfavourable Terms
Service providers, such as insurance companies, sometimes refuse to offer cover or charge higher premiums based solely on age. For instance, being denied travel insurance because you are over a certain age, or being offered a policy with less favourable terms, may be unlawful unless the provider can show there is a legitimate reason, such as statistical evidence that justifies the difference.
Age Limits for Services
Some services set age limits, such as gyms refusing membership to people over a certain age or car hire companies not renting vehicles to those above a specific age. These policies must be objectively justified; otherwise, they may be unlawful under the Equality Act.
Indirect Discrimination
Sometimes, policies or practices that apply to everyone can disproportionately disadvantage people of a certain age group. This is known as indirect discrimination.
Example:
A company introduces a policy requiring all employees to work late shifts. This could disadvantage older employees who may have health conditions or caring responsibilities, unless the employer can justify the policy as a necessary part of the job.
Another example is a job advert stating that applicants must have at least 10 years’ experience, which could indirectly exclude younger candidates without a valid reason.
Harassment and Victimisation
Harassment
Harassment is unwanted behaviour related to age that creates an intimidating, hostile, or offensive environment. For example, making jokes about someone being "over the hill" or repeatedly questioning their ability to do the job because of their age can be considered harassment.
Victimisation
Victimisation happens when someone is treated badly because they have complained about age discrimination or supported someone else’s complaint. For example, if an employee is ignored for promotion after raising a concern about age discrimination, this could be victimisation and is unlawful.
What Is Lawful and What Is Not?
Not every difference in treatment based on age is unlawful. The Equality Act allows exceptions where the treatment can be objectively justified as a proportionate means of achieving a legitimate aim. For example, age restrictions on certain products (like alcohol or pensions) are lawful because they serve a clear legal or safety purpose.
However, employers and service providers must always be able to show a good reason for any age-based rule or decision. If you believe you have experienced age discrimination, it is important to consider whether there was a valid justification for the treatment or policy.
To learn more about your rights and the legal framework, you can read Equality Act 2010, Section 5.
If you think you’ve experienced direct or indirect discrimination, you can find more guidance on direct discrimination and indirect discrimination from Acas.
What to Do if You Experience Age Discrimination
If you believe you have experienced age discrimination, it’s important to take clear steps to protect your rights and address the situation. The Equality Act 2010 makes it unlawful for employers, service providers, and others to treat you unfairly because of your age, whether you are young or older. Here’s what you can do if you think you have been discriminated against:
1. Keep Records and Gather Evidence
Start by making a detailed record of what happened. Write down dates, times, locations, and the names of anyone involved or who witnessed the incident. Keep copies of any relevant emails, letters, or other documents. Evidence can be crucial if you decide to make a complaint or take legal action.
2. Raise the Issue Informally
Often, the first step is to talk to the person or organisation responsible. If you feel comfortable, explain how their actions or decisions have affected you and why you believe it is age discrimination. Sometimes, issues can be resolved quickly through an informal conversation, especially if the discrimination was unintentional.
3. Make a Formal Complaint or Grievance
If the issue isn’t resolved informally, or if you do not feel comfortable raising it directly, you can make a formal complaint. In the workplace, this usually means following your employer’s grievance procedure. For services (such as shops, banks, or public bodies), ask about their complaints process. Clearly set out what happened, why you believe it is discrimination, and what outcome you are seeking.
4. Seek Advice and Support
Getting advice can help you understand your rights and the best way to proceed. Organisations like ACAS (Advisory, Conciliation and Arbitration Service) offer free, confidential guidance on age discrimination at work, including how to raise a complaint and what your options are. ACAS can also help with early conciliation if you are thinking about making a claim to an employment tribunal.
5. Consider Legal Action
If your complaint is not resolved, you may have the right to take legal action. In employment cases, this usually means making a claim to an employment tribunal. For discrimination by a service provider, you may need to take your case to court. There are strict time limits for bringing claims – usually three months (less one day) from the date of the discriminatory act in employment cases, and six months for services – so it’s important to act promptly.
6. Get Specialist Support
Legal processes can be complex, so it’s often helpful to seek advice from a solicitor or a specialist adviser. They can help you assess your case, understand your options, and guide you through the process. For more detailed guidance on handling discrimination at work, visit our workplace discrimination advice page.
Experiencing age discrimination can be distressing, but you do not have to deal with it alone. By following these steps and seeking the right support, you can take action to protect your rights and challenge unfair treatment. For more information about your legal protections and practical steps you can take, visit ACAS (Advisory, Conciliation and Arbitration Service).
Further Resources and Related Topics
Understanding age discrimination is just one part of the wider legal protections offered by the Equality Act 2010. If you want to explore related issues or need further support, the following resources and topics may help:
Explore Other Types of Discrimination
The Equality Act 2010 protects people from unfair treatment based on several characteristics, not just age. To gain a fuller picture of your rights, you may wish to read about:
- disability discrimination, which covers unfair treatment because of a physical or mental impairment.
- gender and sex discrimination, protecting individuals from being treated unfairly due to their gender or sex.
- pregnancy and maternity discrimination, which ensures rights for those who are pregnant or on maternity leave.
- race discrimination, addressing unfair treatment based on race, ethnicity, or nationality.
- religious or belief-based discrimination, which covers discrimination due to faith or beliefs.
- sexual orientation discrimination, protecting against unfair treatment because of sexual orientation.
- trans and non-binary discrimination, ensuring protection for people who are trans or non-binary.
By exploring these topics, you can better understand how the law aims to protect everyone from discrimination, no matter the setting – whether at work, in education, or when accessing services.
Legal Framework and Further Reading
For those interested in the legal details, the Equality Act 2010 sets out the rights and responsibilities regarding discrimination, including age discrimination. Reviewing the Act can provide a deeper understanding of how the law works and what protections are in place.
Getting Help and Support
If you believe you have experienced age discrimination or want more advice on your rights, there are organisations and websites offering support with practical guidance and information. These resources can help you understand your options, how to raise a concern, and what steps to take if you need to make a complaint.
Remember, understanding your rights is the first step to ensuring fair treatment for yourself and others. If you have questions about age discrimination or any other protected characteristic, exploring the resources above can provide valuable information and support.
