Under the Equality Act 2010, age is a protected characteristic – and crucially, it applies to workers of all ages, not just older staff. 

There are four main types of age discrimination in UK law:

  1. Direct discrimination – treating someone worse because of their age. Unlike other forms of direct discrimination, employers can justify this if they have a legitimate aim and their approach is proportionate. In O’Reilly v BBC, presenter Miriam O’Reilly successfully argued age discrimination after being dropped from Countryfile in favour of younger faces – the tribunal found the BBC’s rationale unjustified.
  2. Indirect discrimination – where a policy or requirement disadvantages a particular age group without good reason. In Norman v Lidl, a 63-year-old was made redundant for lacking a degree, despite 20 years’ experience. The tribunal awarded him over £50,000.
  3. Harassment – offensive, age-related comments, even if meant as banter. In A v Bonmarche, calling a menopausal employee a “dinosaur” led to a £28,000 award.
  4. Victimisation – treating someone badly for complaining about age discrimination or supporting someone who has.

There are some limited exceptions – for example, giving long-service benefits, or hiring actors of a specific age to play a role.

Takeaway: Train managers to avoid age-related assumptions and jokes – and remember, age bias affects younger staff too.

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

3 minute read
Electronic and workplace balloting: what employers need to know - Wollens Solicitors Devon

Electronic and workplace balloting: what employers need to know

Read Article
2 minute read
Bonus schemes: be careful about changing the rules - Wollens Solicitors Devon

Bonus schemes: be careful about changing the rules

Read Article
2 minute read
When does expressing a view count as a manifestation of a protected belief? - Wollens Solicitors Devon

When does expressing a view count as a manifestation of a protected belief?

Read Article
2 minute read
Could greater employment rights for carers be on the way? - Wollens Solicitors Devon

Could greater employment rights for carers be on the way?

Read Article
3 minute read
Wrongful dismissal: why the circumstances behind misconduct matter - Wollens Solicitors Devon

Wrongful dismissal: why the circumstances behind misconduct matter

Read Article
2 minute read
Disability discrimination: why employers might know more than they think they do - Wollens Solicitors Devon

Disability discrimination: why employers might know more than they think they do

Read Article
2 minute read
Data protection complaints: new employer obligation now in force - Wollens Solicitors Devon

Data protection complaints: new employer obligation now in force

Read Article
3 minute read
Digital Payslips: A Useful Reminder for HR - Wollens Solicitors Devon

Digital Payslips: A Useful Reminder for HR

Read Article