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Age - Protected Characteristic

Key Points

  • Age is one of the protected characteristics in the Equality Act 2010.
  • Individuals must not suffer a detriment, including retirement by reason of age, unless the employer can objectively justify the decision.
  • Actions may not be discriminatory if they are a proportionate means of achieving a legitimate aim.
  • The Occupational Requirement Defence may also apply.
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content’.

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