Age

“Age” in the context of discrimination legislation can refer to a particular age, or to an age group or range. For example, compulsory retirement at age 65 is discrimination because of a particular age, whereas only offering voluntary redundancy to those aged over 55 is discrimination because of membership of an age group.

“Age” is different from the other protected characteristics covered by the EA 10 for a number of reasons. For example unlike, say, the characteristic of “gender” — being male or female — age is a relative concept: you are only “old” or “young” compared with somebody else of a different age. Similarly, you can belong simultaneously to different age “groups”. For example, someone aged 26 could belong to the age group “26- year-olds”, the “under-30s”, the over-25s” or “younger workers”.

One special feature of “age” discrimination is that we all get older, and this necessarily means that everyone passes through the various stages of working life. A practice that does not benefit us while young may benefit our older selves, and vice versa. This is one of the main reasons why, unlike other protected characteristics, employers are allowed to produce evidence to objectively justify direct discrimination because of age. Society recognises that there can be good social policy reasons for allowing employers to discriminate against a particular age group at particular points in time.

Like the other protected characteristics, age discrimination often takes place because of stereotypical assumptions about the way society operates. For example, a 35 year old might be considered too young to be a senior manager, but at the same time, too old to work behind a bar, or in a fashion shop.