Discrimination in relation to the age of employees, job seekers or trainees, regardless of whether they are younger or older, is unlawful under the Equality Act 2010.
It is important to understand the different types of age discrimination, which include:
Direct Discrimination
- This occurs when an employee, job seeker, or trainee is treated in a unfavourable manner due to their actual age, perceived age or the age of someone they associate with.
- In relation to discrimination due to an employees actual age, this can actually be justified as long as it can be classed as a “proportionate means of achieving a legitimate aim”, for example all employees should receive at least the national minimum wage for the age range. Although there are exceptions, as a younger employee may be entitled to receive a higher wage, due to their length of service.