Age Discrimination at Work

Age Discrimination at Work: Legal Support for Both Employees and Employers

At The Jonathan Lea Network, we regularly advise both employees and employers on workplace age discrimination. Whether you’re a younger worker excluded from opportunities, an older employee affected during a redundancy process, or an employer concerned about potential exposure or compliance, age discrimination is unlawful under the Equality Act 2010—and we’re here to support you.

Our employment law team provides strategic, clear advice to help individuals assert their rights and support businesses in preventing, managing, or responding to claims. We handle matters through negotiation, internal procedures, and where necessary, Employment Tribunal proceedings.

What Is Age Discrimination?

Age discrimination occurs when someone is treated unfairly, harassed, or disadvantaged in the workplace because of their age or perceived age.

Under the Equality Act 2010, age is a protected characteristic. This means individuals have a legal right not to be discriminated against because of their age—whether they’re in their 20s, 60s, or beyond.

It can happen at any stage of employment, including:

• Recruitment and selection

• Promotion and training opportunities

• Pay and benefits

• Redundancy selection

• Workplace culture and treatment

• Retirement or termination

The law protects against direct and indirect discrimination, as well as harassment and victimisation.

Employers have a responsibility to ensure their policies, practices, and behaviours do not breach age discrimination laws. A proactive, informed approach helps prevent claims and fosters an inclusive workplace.

Types of Age Discrimination

Direct Discrimination

This occurs when someone is treated less favourably than others because of their age.

Examples:

• An employee is passed over for promotion in favour of a younger colleague, despite stronger performance.

• A job advert requests a “dynamic, young team member.”

Employers should avoid language or criteria that suggest age preference, unless objectively justifiable.

Indirect Discrimination

This happens when a policy or practice applies to everyone but disproportionately affects a certain age group.

Example:

• Requiring all staff to work late nights may disadvantage older employees with health concerns or younger ones in education.

Employers must ensure such rules are justified by a legitimate aim and are proportionate.

Harassment

Unwanted conduct related to age that creates a hostile or offensive environment.

Examples:

• Jokes about being “too old to keep up.”

• Assumptions about someone’s tech skills based on age.

Employers should provide training and foster a respectful workplace culture.

Victimisation

Being treated unfairly for making or supporting a complaint about age discrimination.

Examples:

• An employee raises a grievance and is then excluded from meetings.

• A witness to a colleague’s complaint is demoted.

Employers must take complaints seriously and avoid retaliatory actions.

Common Scenarios We Assist With

For Employees:

• You’re overlooked for training or promotion due to your age.

• You suspect you were selected for redundancy because you’re the oldest in your team.

• A job advert specifies a preference for “recent graduates.”

• You’re pressured to retire earlier than you’d like.

• You’re subject to age-related jokes or exclusion.

For Employers:

• You’re responding to an internal grievance or tribunal claim.

• You need guidance during a redundancy process to avoid indirect age bias.

• Your recruitment materials or policies need reviewing.

• You’re dealing with an age-related harassment complaint.

• You want to train staff and update your diversity practices.

These issues are not just unethical—they are unlawful. We offer practical legal solutions tailored to your position.

Your Rights and Responsibilities Under the Equality Act 2010

For Employees:

You’re legally protected from age discrimination by:

• Your current or prospective employer

• Recruiters and agencies

• Training providers

• Clients and external parties

These protections apply regardless of job type or length of service.

For Employers:

You must not discriminate based on age during:

• Hiring and recruitment

• Managing staff and performance

• Promotions, benefits and redundancies

• Terminations and retirement discussions

You are also responsible for responding appropriately to complaints and ensuring your workplace policies meet legal standards.

What to Do Next If You’ve Been Discriminated Against (Employees)

1. Document events – Keep notes and copies of relevant emails or policies.
2. Speak up – Raise your concerns informally if appropriate.
3. Use the grievance process – Submit a formal complaint internally.
4. Get legal advice – We can help you assess your claim and act quickly.

⚠️ Employment Tribunal claims must usually be filed within three months less one day of the incident.

If You’re Facing a Discrimination Complaint (Employers)

1. Take immediate action – Acknowledge and assess the complaint seriously.
2. Investigate impartially – Document findings and outcomes.
3. Review internal policies – Update any potentially non-compliant procedures.
4. Engage legal support – We can help you mitigate risks and defend claims.

How We Can Help

For Employees:

• Review your case and clarify your legal rights

• Draft strong grievances and advise on internal processes

• Negotiate favourable settlements or exit terms

• Represent you in Tribunal claims and appeals

For Employers:

• Respond to complaints with clear legal strategy

• Conduct risk assessments and policy reviews

• Train HR teams and managers

• Defend against Tribunal claims or negotiate early settlements

We combine technical expertise with a pragmatic, compassionate approach, helping all clients navigate these sensitive issues with confidence.

Why Choose The Jonathan Lea Network?

✅ Experienced employment solicitors with a track record on both sides of discrimination cases
✅ Clear, jargon-free advice tailored to your circumstances
✅ Skilled negotiators aiming to resolve matters early where possible
✅ Transparent fees and flexible billing options
✅ Nationwide support via phone or video call

We regularly support employees, senior professionals, SMEs, HR departments, and business owners across sectors including tech, finance, healthcare and education.

Take Action Today

Whether you’re an individual concerned about discrimination or an employer seeking to protect your organisation, we’re here to help.

Speak to our employment law experts today for a confidential, no-obligation conversation.

📞  Call us on: [01444 708 640]
📧  Email: wewillhelp@jonathanlea.net
💬  Or submit an enquiry via our Contact Form