Age discrimination remains one of the most common forms of workplace discrimination in the UK—yet many victims don’t realise they have legal protection. Whether you’re being overlooked for promotion because you’re “too young” or pushed out because you’re “too old,” you have legal rights.
This guide explains how to recognise age discrimination and claim compensation through an Employment Tribunal.
What Is Age Discrimination?
Under the Equality Act 2010, age is a “protected characteristic.” It’s unlawful to discriminate against someone because of their age in:
- Recruitment and hiring decisions
- Terms and conditions of employment
- Training and development opportunities
- Promotion decisions
- Dismissal or redundancy selection
- Retirement practices
Importantly, age discrimination protects workers of all ages—both young and old.
Types of Age Discrimination
Direct Discrimination
Treating someone less favourably because of their age:
- Not hiring someone because they’re “overqualified” (code for too old)
- Refusing to promote younger workers because they lack “maturity”
- Making someone redundant because they’re approaching retirement
Indirect Discrimination
Applying a policy that disadvantages people of a particular age group:
- Requiring 10 years’ experience for an entry-level role (disadvantages younger workers)
- Only offering training to workers under 40
- Physical fitness requirements not justified by the job
Harassment
Unwanted conduct related to age that creates an intimidating, hostile, or offensive environment:
- “Jokes” about being past it or too young to understand
- Nicknames like “grandad” or “the kid”
- Excluding older or younger workers from social activities
Victimisation
Being treated badly because you complained about age discrimination or supported someone else’s complaint.
UK Case Examples
Eileen Jolly v Royal Berkshire Hospital: £200,000
According to HR Midlands, 89-year-old NHS secretary Eileen Jolly became the oldest person in the UK to win an age discrimination claim. She was fired from Reading’s Royal Berkshire Hospital, with superiors claiming she was stuck in her “old secretarial ways.” The tribunal awarded her £200,000 in compensation.
Age UK Recruitment Case: £4,000
In an ironic twist, Age UK—a charity that campaigns against age discrimination—was found guilty of age-related harassment during its own recruitment process in 2024. A tribunal awarded the claimant £4,000 in compensation.
Irwin’s Bakery: £75,000 Settlement
Former Irwin’s bakery worker Seamus Gillespie settled his case against his former employer for £75,000 after alleging he was made redundant due to his age.
Compensation for Age Discrimination
According to Employment Tribunal statistics for 2023/24:
- Age discrimination had the largest average award at £100,000
- The average rose 624% compared to the previous year
- Awards are uncapped—there’s no maximum limit
Compensation can include:
- Injury to feelings – Based on “Vento bands”:
- Lower band: £1,200 to £12,100 (less serious cases)
- Middle band: £12,100 to £36,400 (serious cases)
- Upper band: £36,400 to £60,700+ (most serious cases)
- Financial losses – Lost wages, pension contributions, benefits
- Future losses – If you can’t find equivalent work
- Interest – On both injury to feelings and financial losses
Step 1: Gather Evidence
Start documenting everything:
- Written records – Emails, messages, meeting notes mentioning age
- Witness details – Colleagues who heard discriminatory comments
- Comparator evidence – How were people of different ages treated?
- Performance records – To counter any claims about capability
- Timeline – Dates of incidents and your responses
Step 2: Raise a Grievance
Before going to tribunal, you should usually raise a formal grievance with your employer. This:
- Gives them a chance to resolve the issue
- Shows you tried to resolve matters internally
- Creates a paper trail for your claim
Step 3: Contact ACAS
Before bringing an Employment Tribunal claim, you must contact ACAS (Advisory, Conciliation and Arbitration Service) for Early Conciliation:
- ACAS helpline: 0300 123 1100
- Conciliation is free and confidential
- Many cases settle at this stage
- You get a certificate that allows you to proceed to tribunal
Step 4: Employment Tribunal
If ACAS conciliation doesn’t resolve matters:
- Time limit: You have 3 months less one day from the discriminatory act to start Early Conciliation (this deadline is strict)
- Free to file: No tribunal fees in England, Wales, and Scotland
- Representation: You can represent yourself or use a solicitor/union rep
Defences Employers May Raise
Unlike other forms of discrimination, age discrimination can sometimes be “objectively justified.” Employers may argue:
- The treatment was a “proportionate means of achieving a legitimate aim”
- Examples might include mandatory retirement ages for safety-critical roles
However, stereotyped assumptions about age (e.g., “older workers can’t learn new technology”) are not legitimate justifications.
Frequently Asked Questions
Is there a mandatory retirement age?
No. The default retirement age of 65 was abolished in 2011. Employers can only require retirement at a specific age if they can objectively justify it—which is rare.
Can I claim if I’m young and being discriminated against?
Yes. Age discrimination protects all ages. Being called “inexperienced” based on age rather than actual skills, or being denied opportunities because you’re “too young,” can be unlawful.
What if age wasn’t the only reason?
Age only needs to be “a significant factor” in the treatment—it doesn’t have to be the only reason. Mixed-motive discrimination is still unlawful.
Can I claim if I’ve resigned?
Possibly. If age discrimination made your position intolerable, you may have a claim for constructive dismissal alongside discrimination.
What if I missed the 3-month deadline?
Tribunals have limited discretion to extend time if it’s “just and equitable” to do so. However, extensions are not guaranteed—act promptly.
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