Protected under the Equality Act 2010. Unlike other characteristics, direct age discrimination can be lawful if it is 'objectively justified' as a proportionate means of achieving a legitimate aim. Common issues include retirement policies and recruitment bias.
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MacCulloch v ICI [2008] IRLR 846
The Honourable Mr Justice Elias President, Mr P R A Jacques CBE, Mr G Lewis
Age discrimination; justification; the 'reasonable needs' of the business must be balanced against the discriminatory effect.
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R (on the application of Age UK) v Secretary of State for Business [2009] EWHC 2336 [judgment]
MR JUSTICE BLAKE
Age discrimination; retirement; the default retirement age (DRA) was objectively justified (at the time).
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Kucukdevici v Swedex GmbH [2010] IRLR 546 [judgment]
V. Skouris (President), J.N. Cunha Rodrigues, K. Lenaerts, J.‑C. Bonichot, R. Silva de Lapuerta, P. Lindh (Rapporteur), C. Toader, C.W.A. Timmermans, A. Rosas, P. Kūris, T. von Danwitz, A. Arabadjiev, J.‑J. Kasel
Age discrimination; EU law; notice periods based on age (ignoring service before 25) were unlawful.
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Seldon v Clarkson Wright and Jakes [2012] UKSC 16 [judgment]
Lord Hope, Deputy President, Lady Hale, Lord Brown, Lord Mance, Lord Kerr
Age discrimination; retirement; a mandatory retirement age can be justified by 'inter-generational fairness'.
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Homer v Chief Constable of West Yorkshire [2012] UKSC 15 [judgment]
Lord Hope, Deputy President, Lady Hale, Lord Brown, Lord Mance, Lord Kerr
Age discrimination; justification; a requirement for a law degree was indirect age discrimination and not justified.
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Lockwood v Department for Work and Pensions [2013] EWCA Civ 1195 [judgment]
Lord Justice Rimer, Lord Justice Lewison, Lord Justice Treacy
EWCA Civ 1195 - Age discrimination; redundancy; a redundancy scheme paying less to younger workers was objectively justified.
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Lord Chancellor v McCloud [2018] EWCA Civ 2844 [judgment]
The Right Honourable Lord Justice Longmore, The Right Honourable Sir Colin Rimer, The Right Honourable Sir Patrick Elias
EWCA Civ 2844 - Discrimination; age; transitional pension provisions protecting older judges were unlawful age discrimination.
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Nunn v G & M.J Crouch & Son Ltd [2025] EAT 187 [judgment]
His Honour Judge Shanks
Age discrimination; redundancy; using 'length of service' as a tie-breaker was justified.
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H Lockwood v Cheshire ET Case No.2401211/2024 [judgment]
Employment Judge Benson
Gender Reassignment; non-binary employee did not meet the definition for 'gender reassignment' protection under s.7 at the time (contrast with Taylor v Jaguar).