Age discrimination: An introduction to legal protection 

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.

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