Summary

The Equality Act 2010 makes it unlawful for employers to take age into account in promotion decisions, unless they can show objective justification for their decisions.

What the Law Requires

Since 1 October 2006, age discrimination legislation (now contained in the Equality Act 2010) has made it unlawful for employers to discriminate on grounds of age in the opportunities that are afforded to employees for promotion, transfer and training.

Employers are, however, permitted to seek to justify decisions that are age discriminatory if they can show that their actions or decisions were appropriate and necessary in relation to the achievement of a legitimate aim.

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