Age discrimination

Eleanor Gelder Editor's message: The law on age discrimination is set out in the Equality Act 2010, which prohibits direct and indirect discrimination, harassment and victimisation because of age. While much of the law on age discrimination mirrors the law on discrimination on the other protected grounds, it is unique in one respect; unlike any other type of direct discrimination, direct age discrimination can be justified where it is shown to be a proportionate means of achieving a legitimate aim.

The issue of justification is also relevant in the context of retirement. Employers cannot operate a compulsory retirement procedure in respect of employees of any age unless it can be justified. The reality is that employers will be able to justify compulsory retirement at a particular age only in exceptional circumstances.

Ellie Gelder, employment law editor

New and updated

  • Age discrimination

    Type:
    Employment law manual

    Updated to include information on Unite the Union v Nailard, in which the EAT considered the union's liability for harassment by two of its elected branch officers against an employee.

  • Judges win pension age discrimination claims

    Date:
    17 January 2017
    Type:
    News

    An employment tribunal has ruled that the Government discriminated against more than 200 judges when it implemented the transitional provisions for the new judicial pension scheme.

  • Firefighters claim pensions age discrimination

    Date:
    13 January 2017
    Type:
    News

    Firefighters have challenged the Government and fire service employers on the introduction of the 2015 Firefighters' Pension Scheme at an employment tribunal hearing that began week beginning 9 January.

  • Cases on appeal

    Date:
    1 January 2017
    Type:
    Law reports

    Cases on appeal provides news on key case law developments that are expected.

  • What procedure should an employer follow if it wants to retire an employee?

    Type:
    FAQs

  • ECJ case law round-up: recent discrimination decisions

    Date:
    7 December 2016
    Type:
    Law reports

    We round up three recent European Court of Justice (ECJ) judgments about discrimination. The ECJ has recently considered: temporary incapacity caused by a workplace accident in Barcelona; the recruitment age limit for Basque police officers; and survivors' pensions for same-sex partners in Ireland.

  • Date:
    1 November 2016
    Type:
    Legal guidance

    Five years on from the abolition of the default retirement age, employers are still coming to terms with the practical challenges of managing older workers. Chris Cook and Keely Rushmore of SA Law advise on how to deal with sensitive issues concerning older workers, such as planning ahead and addressing performance issues.

  • Former law firm partner loses age discrimination tribunal claim

    Date:
    18 October 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has dismissed an appeal against an employment tribunal decision that a regional law firm was not guilty of age discrimination against one of its partners. DLA Piper's Jenna Clarke summarises the decision.

  • Date:
    29 September 2016
    Type:
    Legal guidance

    It is 10 years since age discrimination legislation was introduced, but how have these obligations influenced how multi-generational workplaces operate? Richard Lee, partner at Gowling WLG, considers the impact of this important piece of legislation.

  • Employer did not discriminate against older job candidate on the ground of age

    Date:
    29 September 2016
    Type:
    Law reports

    An employment tribunal has held that a rejected job applicant was not subject to age discrimination where the employer selected a younger, less experienced candidate.

About this topic

HR and legal information and guidance relating to age discrimination.