Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Age discrimination definition

What does Age discrimination mean? In practice, age discrimination describes unfavourable treatment, criteria or conduct because of a person’s age, including perceived age or association. It commonly arises in recruitment, terms and conditions, promotion, redundancy, dismissal, pay/benefits, pensions, and access to services. It is a statutory concept. In England & Wales and Scotland, the Equality Act 2010 makes age a protected characteristic and prohibits discrimination, harassment and victimisation in work and in services. In Northern Ireland, the Employment Equality (Age) Regulations (Northern Ireland) 2006 cover employment, with more limited protection in goods and services. In Ireland, the Employment Equality Acts 1998–2015 and the Equal Status Acts...

Age discrimination in occupational and personal pension schemes: Equality Act 2010 and Age Exceptions Order framework, exceptions, objective justification, temporal limits, key cases, and default retirement age

Published by a LexisNexis Pensions expert

Practice notes

age discrimination—the statutory framework

Rules outlawing age discrimination entered UK statute in 2006, arising from shifts in EU law—most notably the Archived Directive 2000/78/EC (Archived Equal Treatment framework directive), as it had effect immediately before ip completion day (ie 11 pm on 31 December 2020). Although the Archived Equal Treatment Framework Directive, like other EU directives, has been transposed into UK domestic legislation, the directive itself does not form part of domestic law (not even as assimilated law), and stands outside it. The UK measures enacted in 2006 to give effect to the Archived Equal Treatment Framework Directive and other EU law applied to employment generally, rather than being confined to pension schemes. The current statutory architecture is set out in the Equality Act 2010 (EqA 2010) and, in respect of pension schemes, the Equality Act (Age Exceptions for Pension Schemes) Order 2010, SI 2010/2133 (the Age Exceptions Order). With effect from 1 October 2010, the Age Exceptions Order replaced the earlier regime without introducing significant alterations. Consequently, where schemes had been amended or workplace practices adjusted on the original introduction of legislation prohibiting age discrimination, the 2010 statutory provisions did not, of themselves, necessitate any further changes...

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Elizabeth Ovey

Radcliffe Chambers

Elizabeth has a general Chancery practice with particular emphasis on pensions (developing from the trust side of her practice) and on retail financial services (developing from an early specialisation in building society law). She also does a considerable amount of professional negligence work in these areas and other areas in which a Chancery background is of assistance.Her first substantial involvement in pensions law came when she was instructed in relation to a small miners’ pension scheme during the days of the miners’ strikes in the 1980s and she has done an increasing amount of pensions work since those days. She is a contributing editor of Halsbury’s Laws vol. 80 (Personal and Occupational Pensions) (2020). She is now on the Lexis PSL pensions section editorial board and is a contributor to Lexis PSL through a series of practice notes on various aspects of...

Web page updated on 21/05/2026

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