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

Latest items in Age discrimination

  • Cases on appeal

    Date:
    21 November 2016
    Type:
    Law reports

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

  • 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.

  • Age discrimination

    Type:
    Employment law manual

    Updated to include information on Jeffery v The British Council, in which the EAT identified the main factors that connected an expatriate employee working in Bangladesh to Great Britain and British employment law.

  • Age discrimination awards 2015/16

    Type:
    Quick reference

    A table listing the age discrimination awards made by employment tribunals in 2015/16.

  • Discrimination law does not protect job applicants seeking compensation only

    Date:
    25 August 2016
    Type:
    Law reports

    In this German case, the European Court of Justice (ECJ) has ruled that a person who applies for a job with the sole purpose of making an application for compensation for discrimination is not covered by the Equal Treatment Framework Directive (2000/78/EC) or the Equal Opportunities and Equal Treatment Directive (2006/54/EC) and may be considered as having committed an abuse of rights under EU law.

  • Podcast: Impact of removal of default retirement age

    Date:
    5 August 2016
    Type:
    Audio and video

    Five years on from the abolition of the default retirement age, we highlight four key retirement issues that have come before the tribunals and courts.

  • Indirect discrimination: Claimants must establish how and why the disadvantage arises

    Date:
    2 August 2016
    Type:
    Law reports

    In Essop and others v Home Office (UK Border Agency) [2015] IRLR 724 CA, the Court of Appeal held that a claimant in an indirect discrimination case must establish the nature of the group disadvantage created by the provision, criterion or practice, as well as the way in which he or she has suffered that disadvantage as an individual.

About this topic

HR and legal information and guidance relating to age discrimination.