Age equality

Championing age equality

Evidence from a number of sources shows that the nursing workforce along with the general population, is rapidly ageing.

The Equality Act 2010 prohibits age discrimination against adults in the provision of services and public functions.

Age discrimination

According to the Equality Act 2010, it is unlawful because of age to:

  • discriminate directly against anyone - unless it can be objectively justified
  • discriminate indirectly against anyone - unless it can be objectively justified
  • subject someone to harassment related to age
  • victimise someone because of age
  • discriminate against someone, in certain circumstances, after the working relationship has ended, unless objectively justified
  • compulsorily retire an employee unless it can be objectively justified.

Note: Objective justification means that differences of treatment on the grounds of age can sometimes be justified, objective justification is a test that an employer will have to use to substantiate any exemptions to the laws.

Employers should ensure they have policies in place which are designed to prevent discrimination in:

  • recruitment and selection
  • determining pay
  • training and development
  • selection for promotion
  • discipline and grievances
  • countering bullying and harassment.

Discrimination because of age covers four areas

  1. direct discrimination: treating someone less favourably because of their actual or perceived age, or because of the age of someone with whom they associate. This treatment can only be justified if it is a proportionate means of achieving a legitimate aim.
  2. indirect discrimination: can occur where there is a policy, practice or procedure which applies to all workers, but particularly disadvantages people of a particular age. For example, a requirement for job applicants to have worked in a particular industry for ten years may disadvantage younger people. Indirect discrimination can only be justified if it is a proportionate means of achieving a legitimate aim.
  3. harassment: when unwanted conduct related to age has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.
  4. victimisation: unfair treatment of an employee who has made or supported a complaint about age discrimination.

Application forms

It is good practice to remove age/date of birth from the main application form and include it in a diversity monitoring form to be retained by HR/Personnel. In addition employers may wish to review application forms to ensure that they are not asking for unnecessary information about periods and dates. Asking for age-related information on an application form could allow discrimination to take place.

Questions and answers

Do these regulations cover all workers?

Yes. The regulations apply to all workers, including office holders, police, barristers and partners in a business. They also cover related areas such as membership of trade organisations, the award of qualifications, the services of careers guidance organisations, employment agencies and vocational training providers, including further and higher education institutions.

What can I do if I think I've been discriminated against?

If you feel you have been treated unfairly because of your age, contact your local RCN representative in the first instance or contact RCN Direct on 0345 772 6100 .

What does age discrimination cover?

The Equality Act 2010 makes it unlawful to discriminate against employees, job seekers and trainees because of their age. This includes direct and indirect discrimination, harassment and victimisation. The Equality Act 2010 also removed the upper age limits on unfair dismissal and redundancy.

Useful contacts

Equality and Human Rights Commission

Age UK

Age Equality Southwest – an age equality tool for health


RCN Employment Relations