What UK employers need to know about age discrimination in the workplace in 2026

Age discrimination is when someone is treated unfairly or less favourably because of their age, or because they belong to a particular age group. It can affect people of any age and applies to job applicants, employees, contractors and former workers. HR software can support this by helping teams apply the same criteria at every stage, so that decisions are based on skills and evidence.

Under the Equality Act 2010, age is one of the protected characteristics covered by discrimination law. Age discrimination in the workplace​ can happen through decisions made by employers or managers, as well as through workplace behaviour, and doesn't have to be intentional to cause legal problems. 

Age discrimination at work can take several forms, and employers need to understand how each can arise in practice. The Equality Act 2010 covers direct and indirect discrimination, harassment and victimisation, so let’s look at each in turn. 

Direct discrimination 

Direct discrimination occurs when someone is treated less favourably because of their age. For example, rejecting an otherwise suitable candidate because a hiring manager thinks they’re too old for the role could amount to direct age discrimination. 

The law can also cover discrimination by perception, where an employer incorrectly assumes that someone is a particular age, as well as discrimination by association, where someone is treated differently because of the age of a person they’re connected to. 

Indirect discrimination 

Indirect discrimination can occur when an employer applies the same rule or requirement to everyone, but that rule disadvantages people of a particular age group. For example, requiring applicants to have a certain number of years of experience could disproportionately disadvantage younger candidates. 

An employer may be able to justify indirect discrimination if the requirement is necessary to achieve a legitimate business aim. However, this should be assessed carefully rather than assuming that a consistent rule is automatically fair. 

Harassment 

Harassment involves unwanted conduct related to age that has the purpose or effect of violating someone’s dignity or creating an intimidating or degrading environment. It could include repeatedly making jokes about someone’s age or suggesting that older workers can’t keep up with technology. 

The conduct doesn’t necessarily need to be directed at a specific person, meaning that age-related jokes, comments or behaviour can still amount to harassment even when they’re made generally. While harassment isn’t necessarily a criminal offence, particularly serious or threatening behaviour may cross the line into criminal conduct. 

Victimisation 

Victimisation happens when someone is treated badly or bullied for taking action under discrimination law, such as making a discrimination complaint or supporting someone else’s complaint. For example, an employee who raises concerns about age discrimination could be denied an opportunity or treated unfavourably as a result. 

Employers should therefore distinguish between managing a legitimate workplace issue and retaliating against someone for raising concerns. Victimisation can create a separate legal issue even where the original discrimination allegation isn’t ultimately upheld.

Not every difference in treatment based on age is automatically unlawful, but the circumstances in which it can be permitted are specific. Understanding what age discrimination is also means understanding when the law allows age to be taken into account. 

Positive action 

Positive action allows employers to take proportionate steps to address disadvantage or underrepresentation affecting people with a protected characteristic. Tracking HR metrics can help you to identify where particular age groups are underrepresented, so you can take appropriate steps to address the imbalance. 

Occupational requirement 

An occupational requirement may allow an employer to specify that someone must belong to a particular age group where this is crucial to the role. For example, being the minimum legal age to sell alcohol would be considered essential and not just a preference. 

Special rules relating to age 

Certain age-related differences are permitted by law, including statutory schemes such as the National Minimum Wage, where different rates apply according to age. From 1 April 2026, the rate is £12.71 for workers aged 21 and over, £10.85 for workers aged 18 to 20, and £8.00 for workers under 18 and eligible apprentices. Statutory redundancy pay also takes age into account when calculating entitlement. Rates are reviewed every year and usually change in April, so check the current rates on Acas before each pay review. 

Benefits relating to length of service 

Certain employee benefits can be linked to length of service without automatically breaching age discrimination law. Benefits based on up to five years’ service are permitted, while arrangements covering more than this must fulfil a genuine business need, such as encouraging loyalty or rewarding experience. 

Objective justification 

For indirect age discrimination, employers may be able to justify a discriminatory provision if it is proportionate and achieves a legitimate business aim. They need to be able to show that the approach is necessary and that there isn’t a less discriminatory way to achieve the same result.

Preventing age discrimination in the workplace requires employers to look at how decisions are made across the employee lifecycle, rather than focusing only on isolated incidents. Let’s explore some of the steps you should take. 

Review your recruitment process 

Recruitment decisions should be based on the requirements of the role, with candidates assessed against consistent, relevant criteria. Employers should review job adverts, application forms, shortlisting and interviews to check that age isn’t influencing decisions unnecessarily. 

Approaches such as blind recruitment can help to remove certain personal information from the initial selection process, reducing the opportunity for unconscious age bias. Employers should also be careful about asking a candidate’s age. Collecting age information isn’t automatically unlawful, but it should have a legitimate purpose and shouldn’t influence the hiring decision. 

Make promotion decisions fairly 

Promotion decisions should be based on relevant skills, competence, performance, and the requirements of the role rather than age. Length of service can be relevant in some workplace arrangements, but it shouldn’t be treated as a substitute for assessing whether someone is capable of taking on greater responsibility. 

Employers should also apply consistent criteria when assessing candidates for progression. This can help to prevent both age bias and assumptions that a younger employee lacks the experience needed for promotion, or that an older employee is less interested in career development. 

Apply workplace policies consistently 

Policies covering pay, benefits, performance, development and other employment decisions should be applied consistently and reviewed for potential age bias. For example, employers shouldn’t assume that an employee approaching retirement is unlikely to benefit from training or that a younger employee should accept less favourable opportunities. 

A consistent approach is an important part of preventing unfair treatment at work, but consistency alone doesn’t guarantee that a policy is lawful. Employers should also consider whether a policy has a disproportionate effect on a particular age group. 

Provide age discrimination training for managers 

Managers often make day-to-day decisions that can affect employees’ experience at work, so they need to understand the risks associated with age bias. Training can help managers to better understand what age discrimination is and how to spot it, including less obvious examples involving assumptions, language and inconsistent treatment. 

Training should cover the different forms of discrimination and practical scenarios that managers could encounter. This can make it easier for them to recognise problematic behaviour in their own decisions and challenge it when they see it in others. 

Challenge age-based stereotypes and assumptions 

Age-related stereotypes can affect decisions even when managers don’t intend to discriminate. For example, an employer might assume that a younger employee lacks the experience needed to lead a project, or assume that an older employee won’t be comfortable using new technology. 

These assumptions can affect recruitment, development, promotion, performance management and general motivation. Employers should encourage managers to assess people based on their actual skills, experience and performance rather than generalisations about their age. 

Have a clear process in place for handling complaints 

Employees need to know how they can raise concerns about discrimination and what will happen when they do. A clear process gives employers a structured way to respond to allegations, gather relevant evidence and make fair decisions. 

This could include a consistent approach to conducting an HR investigation, with appropriate documentation, impartiality and confidentiality. Employers should also make sure that employees aren’t disadvantaged or victimised for raising a genuine discrimination concern.