Age Isn’t a Problem – Discrimination Is. Here’s How to Spot the Signs

Age discrimination at work is, unfortunately, something that still exists in many workplaces, even though it is unlawful under employment law. If you have ever felt sidelined, overlooked or treated less favourably simply because of your age, it is important to understand your rights and the steps you can take.

Our Employment Law team often speaks to individuals who are unsure whether their experience at work amounts to age discrimination. This article outlines how to recognise potential age discrimination in the workplace and what you can do if you think you have been affected.

Under the Equality Act 2010, age is one of the protected characteristics. This means it is unlawful for an employer to treat you unfairly because of your age, whether you are young, older, or somewhere in between.

Age discrimination employment law applies at different stages of employment, including recruitment, promotion, training, day-to-day treatment at work, redundancy and dismissal.

Direct age discrimination occurs where someone is treated less favourably because of age.

For example, an employee may be refused promotion because they are considered “too old” for the role, or a younger employee may be overlooked because they are seen as lacking maturity, despite having the right skills and experience.

Indirect age discrimination can occur where an employer applies a policy, rule or practice that disadvantages people of a particular age group and cannot be objectively justified.

For example, requiring a certain number of years’ experience for a role may disadvantage younger applicants if the requirement is not genuinely necessary.

Age harassment at work involves unwanted conduct related to age that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

This may include repeated jokes, comments or assumptions about someone being “too old”, “too young”, “past it” or unable to keep up.

Age victimisation can happen where someone is treated badly because they have complained about age discrimination, raised a grievance, or supported someone else’s discrimination complaint.

Age discrimination can sometimes be subtle. It may not always involve an obvious comment or decision. However, common warning signs include:

These are only examples. The key question is whether you have been treated unfairly because of age.

Age discrimination in recruitment can arise before employment has even started. Employers should be careful with job adverts, shortlisting criteria and interview questions.

Phrases such as “young dynamic team”, “recent graduate” or “mature person required” may create risk if they suggest a preference for a particular age group and cannot be objectively justified.

Age discrimination can also arise in promotion or training decisions. For example, it may be discriminatory to assume an older employee is not interested in development opportunities, or to assume a younger employee is not ready for responsibility simply because of their age.

Yes. Age discrimination does not only apply to older employees.

Younger employees can also experience age discrimination at work. Examples may include being excluded from promotion, not being taken seriously, being paid less without a lawful basis, or being told they are “too young” for a role despite having the necessary skills.

The law protects employees from unfair treatment because of age, whatever their age.

If you believe you have been discriminated against because of age, there are practical steps you can take.

Make a note of incidents, dates, names and what was said or done. Keep relevant emails, messages, meeting notes, job adverts or performance records.

This can help if you later need to show a pattern of age discrimination examples at work or provide evidence during an internal process or Employment Tribunal claim.

If you feel comfortable doing so, you may wish to raise the issue informally with your manager or HR.

Sometimes concerns can be resolved quickly, particularly where comments or decisions have been made without proper thought. However, you should not feel pressured to deal with serious discrimination informally if that does not feel appropriate.

If the issue continues, or if it is serious, you can submit an age discrimination grievance. This creates a written record and gives your employer an opportunity to investigate.

A clear grievance should explain what happened, why you believe it was connected to age, who was involved, and what outcome you are seeking.

Speaking to an employment solicitor early can help you understand your age discrimination legal rights, the strength of your position and the options available.

There are strict time limits for discrimination claims. In most cases, you have three months less one day from the discriminatory act to start the Employment Tribunal process. ACAS Early Conciliation will usually be required before a Tribunal claim can proceed.

If the matter cannot be resolved internally, you may be able to bring an age discrimination claim in the Employment Tribunal.

An age discrimination employment tribunal claim can include complaints relating to recruitment, promotion, dismissal, redundancy, harassment, victimisation or other unfair treatment connected to age.

For legal advice on any employment-related matter, our Employment Law team at Franklins Solicitors LLP is here to help.

We advise employees on age discrimination rights at work, formal grievances, ACAS Early Conciliation and Employment Tribunal claims. We also support employers in managing workplace concerns, reducing legal risk and ensuring fair processes are followed.