What can you actually do about age discrimination at work?
Age is a protected characteristic, so discrimination because of it is unlawful — but it is the one characteristic where direct discrimination can be lawfully justified, which makes it different from every other and is the source of most confusion.
The forms it takes:
Direct discrimination — treating someone worse because of their age.
Indirect discrimination — a policy applying to everyone that disadvantages a particular age group, such as requiring recent qualifications or unlimited travel.
Harassment — age-related comments creating a hostile environment.
Victimisation — treating someone badly for complaining.
The unique feature: objective justification. Uniquely among protected characteristics, an employer can defend direct age discrimination if it is a proportionate means of achieving a legitimate aim — for example genuine health and safety requirements, or workforce planning. The bar is meaningful, and cost alone is not sufficient justification.
Where it actually shows up, and much of it is not recognised as discrimination by those doing it:
Recruitment language — "recent graduate", "digital native", "young and dynamic", "energetic team" — which are frequently treated as culture description and are evidence.
Requiring a number of years' experience capped at a maximum.
Exclusion from training or development on the basis that someone is near retirement.
Assumptions about technology, flexibility or ambition.
Redundancy selection criteria that disadvantage longer-serving or older staff.
Being passed over for promotion with vague references to "fit" or "potential".
It affects the young too. Age discrimination is not one-directional, and younger workers face assumptions about reliability and commitment — along with lawful age-banded minimum wage rates.
Mandatory retirement was abolished for most roles; an employer imposing one must objectively justify it.
What to do:
Record the evidence, including the wording of adverts and what was said.
Raise a grievance, since the employer must have the chance to respond.
Note the time limit — three months less one day from the act, which is short and unforgiving.
Contact ACAS, since early conciliation is required before a tribunal claim.
General information, not legal advice.