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Your rights under the Equality Act 2010

Age is a protected characteristic. What that means in recruitment, when a job advert crosses the line, and what you can do when you think it has.

The law in one paragraph

The Equality Act 2010 makes age a protected characteristic. An employer may not treat you less favourably because of your age (direct discrimination), apply a rule or practice that puts people of your age at a disadvantage without a good reason (indirect discrimination), harass you about it, or victimise you for complaining. This applies to job applicants, not only employees, and it applies to agencies as well as employers. There is no qualifying period and no upper age limit.

What is not allowed in recruitment

Asking your age or date of birth on an application form, unless there is a lawful reason (there almost never is before an offer).
Adverts that say or imply an age: "recent graduate", "young and dynamic team", "digital native", "up to five years' experience" with no other justification.
Rejecting you as "overqualified" where that is a cover for age. Overqualified is not a protected reason; it is a judgement an employer can make, but one they must be able to defend on the facts of the role.
Setting a maximum amount of experience, or a salary band so low that only people at the start of their career could accept it, without a business reason.

An employer can set genuine requirements of the job, and can make decisions that happen to disadvantage older candidates if they can show the practice is a proportionate means of achieving a legitimate aim. That defence is theirs to prove.

Where the line is grey

Some things are allowed that feel unfair:

Choosing a cheaper candidate is lawful if cost is the real reason and the role is genuinely junior.
Asking about your plans for the next few years is lawful; asking about retirement is risky for them and you can decline to answer.
Asking you to demonstrate skills with particular software is lawful if the job needs it.

Your rights on data

Under the UK GDPR you can ask any employer or agency that has processed your application what personal data they hold about you and how decisions were made, including the use of automated screening. A short written request to their data protection contact must be answered within one month. The reply often tells you more than the rejection did.

If you think you have been discriminated against

Write it down the same day: what was said, who said it, the advert wording, the dates.
Ask why. A polite email asking for feedback on the decision is normal and often reveals the reasoning.
Talk to Acas on 0300 123 1100 or at acas.org.uk. It is free and confidential. Early conciliation through Acas is the required first step before any tribunal claim.
Mind the clock. A claim to an employment tribunal must usually be started within three months less one day of the act you complain of. Early conciliation pauses that clock.
Get advice. Your trade union if you have one, a law centre, Citizens Advice, or a solicitor. Many offer a free first conversation.

Where to read more

This page is general information, not legal advice about your situation.

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