By Team SalaryCalculate · 1/7/2026
Age Discrimination in Redundancy: Protecting Older Workers
When faced with redundancy, it's crucial to know your rights and understand how the law protects you, particularly if you're an older worker. Age discrimination is outlawed by UK employment law, and this includes during redundancy processes. The law protects you from being selected for redundancy because of your age or receiving less favourable redundancy terms.
Unfortunately, there's a common misconception that older workers are more expendable, which can lead to unfair treatment. Here, we'll delve into the subject of age discrimination in redundancy, how to protect older workers, and what to do if you think you've been unfairly treated.
Understanding Age Discrimination
Age discrimination, also known as ageism, involves treating an individual less favourably because of their age. It's illegal in all aspects of employment, including:
Hiring and firing
Pay, conditions, and benefits
Promotion and transfer opportunities
Training and development
This protection doesn't just apply to older workers – younger employees are also covered.
Age Discrimination in Redundancy
When making redundancy decisions, employers must use fair and objective criteria. These can include skills, qualifications, performance, or disciplinary records. Importantly, age cannot be a factor in these decisions. If you're selected for redundancy based on your age, this is unlawful and you could have a claim for unfair dismissal and age discrimination.
Calculating Redundancy Pay
Redundancy pay is calculated based on your age, weekly wage, and years of service. The maximum weekly pay cap is £719 (as of April 2025), and the maximum total payment is £21,570 (£719 × 20 years × 1.5).
Here's how it breaks down:
Under 22 years: Half a week's pay for each full year of service
22-40 years: One week's pay for each full year of service
Over 41 years: One and a half week's pay for each full year of service
You can use our [redundancy pay calculator](/tools/uk/england/redundancy-pay-calculator) to work out your entitlement.
Protecting Older Workers in Redundancy
Older workers have the same rights as younger employees during redundancy processes. They should be included in all consultations and have access to all relevant information. If you're an older worker facing redundancy, the following steps can help protect your rights:
Ensure your employer follows a fair redundancy process
Check that your redundancy pay is correctly calculated
Consider alternatives to redundancy, such as redeployment or part-time work
Seek legal advice if you believe you've been unfairly treated
What to Do If You've Been Unfairly Treated
If you believe you've been selected for redundancy because of your age, or you've received less favourable terms, you can take action:
Raise a grievance with your employer
Seek advice from a trade union if you're a member
Get legal advice on your options
Consider making a claim to an employment tribunal
Remember, it's your right to be treated fairly and without discrimination at work. If you're unsure about your rights, check out our blog post on [redundancy-employee-rights](/blog/redundancy-employee-rights).
FAQs
Can age be used as a factor in redundancy selections?
No, age cannot be used as a factor in redundancy selections. This would be considered age discrimination, which is illegal under UK employment law.
How is redundancy pay calculated for older workers?
Redundancy pay for workers over 41 years is calculated as one and a half week's pay for each full year of service. However, there is a maximum weekly pay cap of £719 and a maximum total payment of £21,570.
What can I do if I think I've been discriminated against?
You should raise a grievance with your employer, seek advice from a trade union if you're a member, and consider getting legal advice. If necessary, you can make a claim to an employment tribunal.
In conclusion, understanding your rights regarding age discrimination in redundancy is crucial. Being informed and proactive can help ensure you're treated fairly and receive the compensation you're entitled to.
