The Equality Act 2010 bans employers from committing direct and indirect age discrimination, harassment and victimisation against individuals because of their age. However, employers can justify direct and indirect age discrimination to achieve a legitimate aim through proportionate means.
To avoid allegations of age discrimination, employers should operate a compulsory retirement age only if it can be justified. For example, employees in some jobs where a high level of fitness or agility is required to undertake the role may be subject to an “employer-justified retirement age” for health and safety reasons.