Yes. Age discrimination at work is unlawful in England and Wales under the Equality Act 2010, which makes age one of nine "protected characteristics". The protection runs through the whole employment relationship, from job adverts to dismissal. But age is also unusual: in some cases, age discrimination can be lawfully justified. Here is how it works.
Age is a protected characteristic
The Equality Act 2010 protects workers (and job applicants) from discrimination because of age, and that protection applies to everyone, whether young or old. It covers:
- recruitment (adverts, shortlisting, interviews);
- terms and conditions, pay, training and promotion;
- dismissal and redundancy; and
- the way people are treated day to day.
The types of age discrimination
The Act prohibits several forms:
- Direct discrimination, treating someone less favourably because of their age (for example, refusing to hire someone because they are "too old" or "too young").
- Indirect discrimination, a policy or practice that applies to everyone but puts people of a particular age group at a disadvantage (for example, a requirement that indirectly excludes older or younger workers).
- Harassment, unwanted conduct related to age that violates dignity or creates a hostile environment.
- Victimisation, treating someone badly because they complained about age discrimination or supported a complaint.
The big exception: justification
Age is the only protected characteristic where even direct discrimination can sometimes be objectively justified. An employer can defend age-based treatment if it is a proportionate means of achieving a legitimate aim, for example, certain genuine workforce-planning or health-and-safety aims. The bar is high: the aim must be legitimate and the means genuinely proportionate, not just convenient.
Indirect discrimination (for all characteristics) can similarly be justified where it is a proportionate means of achieving a legitimate aim.
Retirement
There is no default retirement age in the UK (it was abolished in 2011). An employer generally cannot force an employee to retire at a particular age unless it can objectively justify a compulsory retirement age, which is difficult and fact-specific. Forcing someone out because of age, without justification, is likely to be unlawful age discrimination and unfair dismissal.
Practical guidance for employers
- Don't use age-related criteria in adverts or decisions (avoid phrases like "young and dynamic" or "recent graduate" that can signal age preference).
- Base decisions on skills and merit, not age or assumptions about it.
- Apply policies that could disadvantage an age group only where you can justify them.
- Take advice before operating any compulsory retirement age.
Key takeaways
- Age discrimination at work is unlawful under the Equality Act 2010, protecting all ages.
- It covers direct and indirect discrimination, harassment and victimisation, across the whole employment relationship.
- Uniquely, direct age discrimination can be objectively justified (a proportionate means of a legitimate aim), but the bar is high.
- There is no default retirement age; forced retirement needs objective justification.
Sources
- Equality Act 2010 (age as a protected characteristic; direct/indirect discrimination, harassment, victimisation; justification)
- Abolition of the default retirement age (2011) and the law on compulsory retirement ages
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.