The age discrimination provisions of the Equality Act 2010 prohibit both direct and indirect discrimination. It is unlawful, unless objectively justified, for an employer to directly discriminate on grounds of age. This outlaws, for example, treating someone less favourably because of their age by:
Note that the age discrimination provisions of the Equality Act 2010 have only recently prohibited retirement dismissals. An employer who, prior to April 2011, gave notice to its employee of his or her impending retirement may still be able to lawfully terminate that individual’s employment on the grounds of retirement.
Indirect age discrimination applies where employment selection criteria, employers’ policies, collective agreements, benefit arrangements or any other practices impact adversely on workers of one age group in comparison with another. Again, unless the employer can show that the indirectly discriminatory practice is objectively justified, it will be unlawful. For example, rejecting a candidate for a job because they are ‘over-qualified’, may indirectly discriminate against older workers who are more likely to have experience or qualifications, and may not be found to be justifiable.
The age provisions of the Equality Act 2010 also ban employers from giving an unfair reference for someone because of age bias, or victimising anyone who complains of age discrimination or gives evidence in support of a complaint made by a colleague. You will also be protected if you refuse to carry out an instruction by your employer to discriminate on grounds of age against a colleague (or other person covered by the regulations).
An employer will be liable for discriminatory actions taken by anyone acting on their behalf, such as a line manager or an agent, unless the employer can show that they had taken reasonable steps to prevent the age discrimination occurring.
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