Age discrimination has no qualifying period.

Under UK law, you are protected from age discrimination from day one of employment. Whether you were overlooked for promotion, made redundant, or subjected to age-related remarks, you have the right to claim. Start My Claim helps you build your case with substantive legal detail.

What counts as age discrimination under UK law?

Age discrimination under the Equality Act 2010 occurs when you are treated less favourably because of your age. This includes direct discrimination (being treated worse because of your age) and indirect discrimination (a seemingly neutral rule that disproportionately disadvantages your age group). Harassment based on age-related comments and victimisation for complaining are also unlawful.

Do I need to have worked for 2 years to claim age discrimination?

No — this is a crucial difference from unfair dismissal claims. Age discrimination has no qualifying period. You can bring an age discrimination claim after just one week of employment. This means junior employees and recently hired staff have full protection against age-based discrimination.

What is the Vento bands framework?

Vento bands are guideline ranges for compensation for injury to feelings in discrimination cases. The 2026/27 bands are: Lower band £1,300–£12,600 (less serious, one-off incidents), Middle band £12,600–£37,700 (serious cases not warranting the upper band), Upper band £37,700–£62,900 (lengthy harassment campaigns and the most serious cases). Awards above £62,900 are reserved for exceptional cases. Tribunals use these to ensure consistent awards. Your compensation depends on the severity, duration, and impact of the discrimination.

Can an employer justify age discrimination?

In some limited circumstances, yes. An employer can rely on the "genuine occupational requirement" defence if age is genuinely essential to the job. This is very rarely successful. More commonly, employers argue indirect discrimination is justified by a legitimate aim (like efficiency), but this requires them to show it is a proportionate means of achieving that aim.

Is there a time limit for claiming age discrimination?

Yes — you have 3 months minus one day from the date of the act complained of (EQA 2010 s.123). If it is a continuing act (such as ongoing harassment), the clock runs from the date of the last act. You must contact ACAS for early conciliation first (source: acas.org.uk/early-conciliation), which pauses this deadline.

Can I claim age discrimination for a failed promotion?

Yes. If you can show that you were not promoted because of your age, that is direct discrimination. You will need to show that a younger (or older) candidate was promoted in similar circumstances. The tribunal will look at comparative evidence — do younger people get promoted more readily?

Age discrimination has

no qualifying period.

No qualifying period

Claim from day 1 of employment

Compensation £1k–£50k+ for injury to feelings

ACAS early conciliation required first

What is age discrimination under UK law?

The Equality Act 2010

makes it unlawful to discriminate against someone because of their age. This applies to everyone — whether you are under 30 or over 60. Age is a protected characteristic, meaning employers cannot make decisions about hiring, promotion, pay, or dismissal based on your age.

The law covers direct discrimination (being treated worse because of age), indirect discrimination (a rule that disadvantages your age group), harassment (age-related comments or conduct), and victimisation (being treated poorly for complaining).

Age discrimination applies to ALL ages

It is unlawful to discriminate against someone for being "too young" or "too old". If you were overlooked for a role because an employer wanted someone "with more energy" or preferred "fresh graduates", that is age discrimination. If you were sidelined because you were "too experienced" or "expensive", that is also unlawful.

Types of age discrimination

Direct discrimination

Being treated less favourably because of your age. Example: being rejected for a promotion in favour of a younger colleague with similar or weaker experience. The employer’s reason is explicitly (or implicitly) age-based.

Indirect discrimination

A rule or practice that is not explicitly age-based, but which puts people of a particular age at a disadvantage. Example: insisting all employees undertake a technology qualification unfamiliar to older workers, with no business justification. The employer does not intend age discrimination but the effect is discriminatory.

Unwanted conduct related to age that creates a hostile working environment. Example: colleagues making jokes about someone being "past it", "ancient", or "not knowing how to use email". A single serious incident or a pattern of behaviour can constitute harassment.

Being treated worse because you have complained about age discrimination, given evidence in a tribunal case, or brought a claim. Victimisation is a separate unlawful act and does not require you to prove the underlying discrimination was correct.

Compensation and Vento bands

If a tribunal finds age discrimination, it will award compensation under Vento guidelines.

Compensation also includes:

• Financial loss (lost wages, lost bonuses, loss of pension rights)

• Future loss (loss of earnings from the date of tribunal to expected retirement)

• Costs (legal representation, expert reports, etc.)

Building your age discrimination claim

Establish the protected characteristic

You were subject to a detriment (dismissal, non-promotion, harassment) and your age is a relevant factor in the context.

Find a comparator or comparators

Identify workers of a different age in the same or similar role and circumstances. How were they treated? Were they treated better? This is the key test for direct discrimination.

Gather contemporaneous evidence

Emails, messages, appraisals, and notes recording what was said or done. Tribunal decisions favour evidence made at the time, not recollection months later.

Get witness statements if possible

Colleagues who heard age-related comments or saw age-based decision-making can support your claim. Employer documents (redundancy selection criteria, meeting notes) are more powerful than pure witness memory.

Calculate lost wages, bonuses, pension contributions, and future earnings. If you were dismissed, what would you have earned to normal retirement age?

Age discrimination — common questions

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Start My Claim is not a law firm. Content is for informational purposes only and does not constitute legal advice.