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 pension schemes: Equality Act 2010 exceptions for occupational and personal schemes in Great Britain

Published by a LexisNexis Pensions expert

Practice notes

Exceptions for age discrimination under the Equality Act 2010

The general non-discrimination rule for occupational pension schemes in section 61 of the Equality Act 2010 (EqA 2010) imposes a broad duty that extends to age discrimination just as fully as to any other category of discrimination. Even so, EqA 2010 authorises specific exceptions, under which certain rules, practices, actions or decisions adopted within occupational pension schemes are treated as not breaching that duty. There is also power to prescribe exceptions for personal pension schemes, provided such exceptions relate solely to contributions. The exceptions themselves are set out in the Equality Act (Age Exceptions for Pension Schemes) Order 2010, SI 2010/2133 (the Age Exceptions Order), which came into force on 1 October 2010. Since that date, a number of minor amendments have been made, chiefly to reflect the end of contracting-out of parts of the state pension and other adjustments connected to the state pension. These exceptions replace those formerly available under the Employment Equality (Age) Regulations 2006, SI 2006/1031, which were made as part of implementing in UK law the Archived Directive 2000/78/EC (Archived Equal Treatment Framework Directive), as it had effect immediately before IP completion day (11 pm on 31 December...

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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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