Age
Age is a protected characteristic under the Equality Act 2010, meaning individuals cannot be treated unfairly due to their age in employment, education, and access to services. Employers must ensure that age does not impact opportunities, promotions, or workplace treatment.
| Key Employee Rights | What Employers Must Do |
|---|---|
| Protection from direct age discrimination (e.g. refusing to hire someone due to their age) | Ensure job adverts and recruitment processes do not contain age bias |
| Protection from indirect age discrimination (e.g. policies that disadvantage a specific age group) | Avoid age-related assumptions (e.g., assuming an older worker is not tech-savvy or a younger worker lacks experience) |
| Equal opportunities for promotions and training regardless of age | Provide equal training and promotion opportunities to employees of all ages |
| Protection against age-based harassment or victimisation | Prevent harassment (e.g. age-related jokes or exclusion) |
| Fair redundancy and retirement policies that do not discriminate against older or younger workers | Implement fair redundancy and retirement policies based on skills and performance, not age |
Key Legal Concepts
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Occurs when a person is treated less favourably because of their age
Example: Rejecting a candidate for a role because they are "too old" or "too young"
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Occurs when a policy or practice disadvantages a certain age group
- Example: A company requiring five years of experience for a junior role may indirectly discriminate against younger applicants
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Age-based jokes, exclusion, or unfair treatment can constitute harassment
· Employees must not be victimised for raising concerns about age discrimination
Case Law
Homer v Chief Constable of West Yorkshire Police (2012)
Key Facts:
· Mr. Homer, aged 62, was denied a promotion because he did not have a law degree.
· As he was close to retirement, obtaining a degree was unrealistic.
· The Supreme Court ruled this was indirect discrimination, as the policy disproportionately affected older employees.
Significance:
· Employers must ensure educational or experience requirements do not unfairly disadvantage older workers.
What’s Protected and What Isn’t?
| Protected | Unprotected |
|---|---|
| Hiring, promotions, and training decisions based on age | Age-based benefits (e.g. free bus passes for seniors) |
| Enforcing mandatory retirement ages (unless justified) | Specific age-based job requirements (e.g. airline pilots due to safety) |
| Workplace culture that tolerates age-based harassment | Positive action to encourage applications from underrepresented age groups |
How Employers Can Support Age Diversity
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Avoid specifying age limits in job adverts
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Encourage intergenerational collaboration
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Ensure employees of all ages have access to training
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Support older employees with phased retirement options
“ A diverse workforce benefits from the experience of older employees and the innovation of younger workers, creating a stronger and fairer workplace.”