Age Discrimination Claims UK: Tribunal Guide 2026

At a glance

• Protected characteristic: age is protected under section 5 of the Equality Act 2010 — protection applies at any age, not just to older workers.
• Four types of unlawful conduct: direct discrimination (s.13), indirect discrimination (s.19), harassment (s.26) and victimisation (s.27).
• The unique feature of age: direct age discrimination is the only type of direct discrimination in the Equality Act 2010 that can be lawfully justified, under section 13(2), if the employer shows the treatment is a proportionate means of achieving a legitimate aim.
• Who is covered: section 39 protects job applicants and employees at every stage — recruitment, terms, promotion, training, dismissal and post-termination matters such as references.
• Time limit: three months less one day from the discriminatory act to start Acas early conciliation, under section 123. Early conciliation is a mandatory step and pauses the clock while it runs.
• Compensation: no statutory cap. Awards can include financial loss and injury to feelings, assessed against the Vento bands, which the Presidents of the Employment Tribunals update annually.
• Retirement: the default retirement age was abolished by the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011, in force from 6 April 2011. A compulsory retirement age is only lawful if objectively justified.

What counts as age discrimination at work

The Equality Act 2010 protects workers, job applicants, and in many cases contractors and the self-employed, against four distinct types of age-related unlawful conduct. Section 5 defines age broadly: it protects reference to a particular age or to an age range (for example "over fifties" or "people in their twenties"), so protection is not limited to older workers.

Direct discrimination (s.13) happens when someone is treated less favourably than another person would be treated, because of age. A common example is passing over an older candidate for promotion in favour of a less experienced younger colleague where age was the real reason for the decision.

Indirect discrimination (s.19) happens when an employer applies a provision, criterion or practice that applies to everyone in the same way but puts people of a particular age group at a particular disadvantage, and the employer cannot show it is a proportionate means of achieving a legitimate aim. A blanket requirement for a minimum number of years' post-qualification experience, for example, could disadvantage younger applicants even though it looks neutral on its face.

Harassment (s.26) covers unwanted conduct related to age that has the purpose or effect of violating a worker's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. Persistent jokes about someone being "past it" or "too green" can amount to harassment even without a single dismissal or demotion decision.

Victimisation (s.27) covers being treated badly because you have done a "protected act" in good faith — raising a grievance about age discrimination, supporting a colleague's complaint, or giving evidence in someone else's claim.

Section 39 sets out who these protections bind: employers must not discriminate in the arrangements they make for recruitment, in the terms on which they offer employment, in access to promotion, transfer, training or other benefits, in dismissal, or by subjecting a worker to any other detriment.

The justification defence: when age discrimination can be lawful

Age is treated differently from every other protected characteristic in one important respect. Under section 13(2) of the Equality Act 2010, direct age discrimination does not occur if the employer can show the treatment is a proportionate means of achieving a legitimate aim. This is sometimes called "objective justification", and no equivalent defence exists for direct discrimination based on sex, race, disability or the other protected characteristics.

In practice this is a demanding test. The employer must identify a genuine business reason — such as workforce planning, health and safety, or intergenerational fairness — and show that the specific treatment used was a proportionate way of achieving it, not just a convenient one. A stated aim of "wanting a younger team" or "fresh energy" is not, on its own, a legitimate aim capable of justifying age discrimination.

Indirect age discrimination under section 19 carries the same justification test, so an employer facing either type of age claim will typically need to show both a legitimate aim and that less discriminatory alternatives were properly considered.

Time limits: the three-month rule and Acas early conciliation

Time limits in discrimination claims are unforgiving. Under section 123 of the Equality Act 2010, a tribunal claim must generally be brought within three months of the date of the act complained of. Practitioners commonly describe this as "three months less one day", reflecting how the statutory time period is calculated from the date of the act itself. Where the discriminatory conduct continues over a period — for example, an ongoing pattern of exclusion from projects — the time limit runs from the end of that conduct, not from the first incident.

Before you can lodge a tribunal claim, you must first notify Acas and go through early conciliation. This is a mandatory step, it is free, and Acas will contact your employer to see whether the matter can be resolved without litigation. The tribunal clock is paused while early conciliation is under way, and you receive an Acas early conciliation certificate with a reference number that must be included on your tribunal claim form.

A tribunal has a discretion to extend the three-month time limit where it considers it "just and equitable" to do so, but this is not something to rely on. Missing the deadline is one of the most common reasons a claim never gets heard, regardless of how strong the underlying facts are.

Worked example: working out the deadline

Priya, a fictional worker, is told on 3 February that she has not been shortlisted for a promotion because the panel wanted "someone who'll be around for the long haul" — a comment she believes reflects an assumption about her age. Her three-month time limit to start Acas early conciliation runs from 3 February, meaning she needs to contact Acas by early May at the latest. If she contacts Acas on 20 April and conciliation runs for four weeks, that period is added on to extend her deadline for lodging an ET1. Waiting until the deadline is close before contacting Acas leaves very little room for error.

Step by step: bringing an age discrimination claim

1. Write down what happened while it's fresh. Keep a dated record of incidents, comments, emails, meetings, decisions, and anyone who witnessed them. Note exactly what was said or done, who was present, and how it affected you. Contemporaneous notes carry real weight at tribunal, and memory fades quickly once the stress of the situation sets in.
2. Raise the issue internally first where possible. Most employers have a grievance procedure, and using it gives the business a chance to put things right. It also strengthens your position later if the matter goes to tribunal, because tribunals can adjust compensation depending on whether both sides followed the Acas Code of Practice on grievance and disciplinary procedures.
3. Start early conciliation through Acas. Before you can lodge a tribunal claim, you must notify Acas and go through early conciliation. This step is mandatory, it is free, and it pauses the tribunal clock while conciliation runs, so it protects your deadline as well as offering a route to early resolution.
4. Submit your ET1 claim form within the time limit. If conciliation doesn't resolve things, you can lodge a claim using form ET1 through the tribunal service. The general deadline is three months less one day from the act complained of, extended by the time spent in early conciliation. Missing the deadline usually ends the claim, so diary it carefully. See gov.uk's guidance on making a claim to an employment tribunal.
5. Prepare your evidence and consider settlement. Once proceedings begin, both sides exchange documents, witness statements, and a schedule of loss setting out what is being claimed. Many claims settle before hearing. Think about what outcome you actually want, whether that's compensation, a reference, or acknowledgment, because that shapes your negotiating position throughout.

Compensation: what a tribunal can award

There is no upper limit on compensation in discrimination claims, unlike ordinary unfair dismissal cases which are subject to a statutory cap. A successful claimant can recover:

• Loss of earnings, both past losses up to the hearing and, in some cases, future losses if the effects continue.
• Injury to feelings, compensating the distress and hurt caused by the discrimination itself, separate from any financial loss.
• Interest on both heads of award.
• Aggravated damages in limited cases where the employer's conduct was particularly high-handed, malicious or insulting.

Injury to feelings awards are assessed by reference to the Vento bands, three tiers set by judicial guidance and updated periodically to reflect inflation, with the most serious cases capable of exceeding the top band. Where the figure falls within a case depends heavily on the seriousness and duration of the conduct and its impact on the claimant, so no two awards look alike.

Retirement, redundancy and age-banded benefits

The default retirement age of 65 was abolished with effect from 6 April 2011, by the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 (SI 2011/1069). These regulations repealed the provisions in the Employment Rights Act 1996 and the Equality Act 2010 that had previously allowed employers to dismiss staff on reaching a set retirement age without that automatically amounting to unfair dismissal or discrimination.

Since then, an employer can only impose a compulsory retirement age if it can objectively justify doing so as a proportionate means of achieving a legitimate aim, under the same test described above. Some roles retain set retirement ages fixed by other statute or established case law, such as certain judicial and safety-critical positions, but these are the exception rather than the norm. Forcing someone out at a particular age without that justification can found both a direct age discrimination claim and an unfair dismissal claim.

Age-related pay scales, length-of-service benefits and redundancy selection criteria can also raise indirect discrimination issues if they are not objectively justified, whichever direction the disadvantage runs — older or younger workers can both be affected depending on how a policy is structured.

What to do if you think you've experienced age discrimination

1. Check whether the treatment is genuinely age-related. Distinguish a decision that merely coincides with your age from one where age (or an assumption tied to it) was the actual reason. Comments, patterns and comparators all help build the picture.
2. Gather your evidence early. Save emails, messages, meeting notes and appraisal records before they become harder to access. If a colleague witnessed events, note their name.
3. Consider raising a grievance. This gives your employer the chance to address the issue and can strengthen your position if the matter later goes further.
4. Diary the time limit immediately. Work out the three-month deadline from the date of the act and start early conciliation with Acas well before it expires — do not wait until the final week.
5. Think about what outcome you want. Compensation, an apology, a change in practice, or simply a clean exit all shape how you approach a grievance, conciliation or tribunal claim differently.
6. Take advice if the position is unclear. Discrimination claims are legally and factually complex, and employers will almost always be legally represented. Early input from a union, law centre or paid adviser can help you understand whether you have a realistic claim before you commit time to it. See our related guides on disability discrimination tribunal claims and constructive dismissal if your situation overlaps with either.

This guide provides general information about age discrimination claims in employment in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.