Age discrimination

Published: 17 February 2020

Last updated: 23 June 2026

What countries does this apply to?

  • England England
  • Scotland Scotland
  • Wales Wales

What is age discrimination?

Age discrimination is when you are treated differently because of your age in one of the situations that are covered by the Equality Act.

The Equality Act has some exceptions. For example, students are not protected from age discrimination at school.

The treatment could be a one-off action or as a result of a rule or policy based on age. It does not have to be intentional to be unlawful.

There are some circumstances when being treated differently due to age is lawful, explained on this page.

What the Equality Act says about age discrimination

The Equality Act 2010 says that you must not be discriminated against because:

  • you are (or are not) a certain age or in a certain age group
  • someone thinks you are (or are not) a specific age or in a specific age group – this is known as discrimination by perception
  • you are connected to someone of a specific age or age group – this is known as discrimination by association

Age groups can be quite wide (for example, ‘people under 50’ or 'under 18s'). They can also be quite specific (for example, ‘people in their mid-40s’). Terms such as ‘young person’ and ‘youthful’ or ‘elderly’ and ‘pensioner’ can also indicate an age group.

Different types of age discrimination

There are four main types of age discrimination.

Direct discrimination

Direct discrimination happens when someone treats you worse than another person in a similar situation because of your age.

Example:

Your employer refuses to allow you to do a training course because she thinks you are ‘too old’, but allows younger colleagues to do the training.

Direct age discrimination is permitted provided that the organisation or employer can show that there is a good reason for the discrimination.

This is known as objective justification.

Example:

A guest house owner charges twice her normal rates for people under 21. She hopes it will deter young people from booking because a few have caused damage recently. A more appropriate alternative would be to ask for a deposit from anyone wishing to stay. It is unlikely that the guest house can justify charging the increased rates.

Indirect discrimination

Indirect discrimination happens when an organisation has a particular policy or way of working that applies to everyone but which puts people of your age group at a disadvantage.

Example:

You are 22 and you find that you are not eligible to be promoted because your employer has a policy that only workers with a post graduate qualification (such as a Masters) can be promoted. Although this applies to everyone, it disadvantages people of your age because they are less likely to have that qualification. 

Example:

An optician allows customers to pay for their glasses by instalments, provided they are in employment. This could indirectly discriminate against older people, who are less likely to be working.

Like direct age discrimination, indirect age discrimination can be permitted if the organisation or employer is able to show that there is a good reason for the policy. This is known as objective justification.

Harassment

Harassment can occur when someone makes you feel humiliated, offended, intimidated or degraded.

Example:

During a training session at work, the trainer keeps commenting how slow an older employee is at learning how to use a new software package because of his age. The employee finds this distressing. This could be considered harassment related to age.

Harassment can never be justified. However, if an organisation or employer can show it did everything it could to prevent people who work for it from behaving like that, you will not be able to make a claim for harassment against it, although you could make a claim against the harasser.

Victimisation

Victimisation is when you are treated badly because you have made a complaint of age discrimination under the Equality Act. It can also occur if you are supporting someone who has made a complaint of age discrimination.

Example:

Your colleague complains of being called 'wrinkly' at work. You help them complain to your manager. Your manager treats you badly as a result of getting involved.

Circumstances when being treated differently due to age is lawful

A difference in treatment may be lawful if:

  • belonging to a particular age group is essential for a job - this is called an occupational requirement
  • an organisation is taking positive action to encourage or develop people in an age group that is under-represented or disadvantaged in a role or activity
  • your employer has set a compulsory retirement age that it can objectively justify in respect of your role
  • the circumstances fall under one of the exceptions to the Equality Act that allow organisations to provide different treatment in employment or services based on age
  • a service provider is making age-related concessions and benefits
  • an organisation is providing financial services, such as banking, credit, insurance, personal pension or payment services

However, when a service provider uses someone’s age as a factor to assess risk when deciding whether, and on what terms, to provide them with a financial service, this will be unlawful unless:

  • the information used for the risk assessment is relevant and up to date, and
  • the information comes from a source on which it is reasonable to rely

Information which might be relevant to the risk assessment includes statistical data. Stereotypes or generalisations about age will not be relevant.

Example:

A film company making a film of Oliver Twist may lawfully hire a young boy to play Oliver, if belonging to a particular age group is essential for this job. The film company is applying an occupational requirement. 

Example:

A cinema can offer cheap tickets and special screenings to people over 60 or a GP can offer flu jabs to people over 65. These service providers are making age-related concessions and benefits.

Example:

A high street bank offers a ‘silver saver’ account for customers over 60, with higher interest rates. The bank offers this financial service without carrying out a risk assessment based on a customer’s age. The bank is making an age-related benefit.

However, if the bank does use age as a factor to assess risk in providing financial services, for example, charging more for car insurance as a customer gets older, they would need relevant, up-to-date evidence from a reliable source, which shows that people over a certain age are a greater risk when driving.

Footnotes

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    Advice and support

    If you think you might have been treated unfairly and want further advice, you can contact the Equality Advisory and Support Service (EASS).

    The EASS is an independent advice service, not operated by the Equality and Human Rights Commission.

    Phone: 0808 800 0082
     

    Or email using the contact form on the EASS website.
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    Call the EASS on:

    0808 800 0082