Age Discrimination

Age discrimination in the UK is an issue that affects millions of people every year. Whether in the workplace, education, or access to services, age discrimination can significantly impact individuals’ lives. Despite the progress made over the years, it remains a persistent problem that requires attention.

What is age discrimination?

Age discrimination UK refers to the unfair treatment or negative attitudes towards an individual based on age. It occurs when an individual is treated less favourably because of their age or when policies, practices, or rules disadvantage them because of their age. It has been unlawful to discriminate against age under the Equality Act 2010, which protects individuals from discrimination based on age, among other characteristics such as sex, race, disability, and religion or belief. 

Who is impacted by age discrimination?

Age discrimination can impact individuals of all ages, but it is most commonly associated with older people. They are often perceived as less capable or valuable than their younger counterparts, leading to discriminatory treatment. However, age discrimination can also affect younger people, such as those who are overlooked for job opportunities due to their perceived lack of experience. Age discrimination can occur in various contexts, including employment, education, access to services, and public life. It can have significant consequences for individuals’ lives, including their financial situation, career prospects, and emotional well-being. 

The legal framework for age discrimination

The legal framework for age discrimination in the UK is primarily governed by the Equality Act 2010. The Act protects against discrimination based on age, among other characteristics such as sex, race, disability, and religion or belief. The Act applies to all aspects of life, including employment, education, access to services, and public life.

Under the Equality Act, direct and indirect discrimination, harassment, and victimisation on the grounds of age are prohibited.

Employers and service providers have a legal duty to ensure that their policies, practices, and procedures do not discriminate on the grounds of age.  This includes measures to prevent discrimination, such as training staff on equality and diversity, providing equal opportunities, and taking steps to accommodate the needs of people of all ages.

Types of age discrimination

Several types of age discrimination can occur in the UK, including:

1. Direct discrimination occurs when an individual is treated less favourably than others because of age. For example, an employer refuses to hire someone because they are perceived as too old for the job.
2. Indirect Discrimination: This occurs when a provision, criterion, or practice (PCP) puts people of a particular age group at a disadvantage compared to others who do not share that characteristic, and the PCP cannot be objectively justified. For example, a company policy that requires all employees to have a certain level of physical fitness may indirectly discriminate against older workers who may be unable to meet the requirements.
3. Harassment: This occurs when an individual is subjected to unwanted conduct that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Like, for example, making derogatory comments about someone’s age or mocking them for being older.
4. Victimisation: when an individual is treated unfairly because they have complained or supported someone else in making a complaint about age discrimination. For example, an employee who is overlooked for a promotion because they made a complaint about age discrimination.
5. Associative Discrimination: Discrimination against an individual due to their association with someone of a particular age group. For example, an employer refuses to hire someone because their spouse is over a certain age.
6. Perception Discrimination: Discrimination against an individual because of a perception that they belong to a particular age group, even if that perception is not accurate. For example, an employer assumes someone is too old to learn new skills and therefore does not offer them training opportunities.

Consequences of age discrimination

One of the main consequences of age discrimination is that it can limit opportunities for older individuals in the workplace. This discrimination can result in lower incomes, reduced career progression, and increased poverty among older individuals. It can also lead to a need for more diversity in the workforce, as older individuals get overlooked in favour of younger candidates.

Age discrimination can also impact the physical and mental health of older individuals. For example, age discrimination can lead to stress, anxiety, and depression, negatively affecting health and well-being, increasing healthcare costs and reducing the quality of life for older individuals.

In addition to the impact on individuals, age discrimination can have wider social and economic consequences. For example, a lack of diversity in the workforce can limit innovation and creativity, while an ageing population can pressure public services and reduce economic growth. Therefore, addressing age discrimination is essential for ensuring that society is inclusive and prosperous for people of all ages.

What to do if you experience age discrimination

Age discrimination UK is a serious issue that can significantly impact individuals’ lives. It is a form of discrimination prohibited by law and can result in serious consequences for employers who engage in it. 

If you experience age discrimination or ageism in the workplace, knowing your rights and taking action is important. By raising a grievance, seeking mediation or legal action, you can help to ensure that age discrimination is not tolerated. 

If you decide to take legal action, we can help.  

Age discrimination solicitors

An age discrimination solicitor is a legal professional who specialises in cases related to age discrimination. Our employment law solicitors can provide legal advice and representation to individuals who believe they have been subjected to age discrimination. They can help clients navigate the legal process, gather evidence, and build a case to seek justice and compensation for any harm they have suffered due to age discrimination.