Major surge in people working past retirement age … matched by rise in age discrimination claims

New research by specialist employment law firm Littler, based on 2024-25 data from HM Revenue & Customs, suggests there has been a 12 percent rise in the number of people working past retirement age over the past five years up from 1.39 million in the year to March 31 2020-21 to 1.56 million in the year to March 31 2024-25. The firm claims that, with the number of older people in the workplace growing, employers need to be more proactive to avoid age discrimination and prevent conflicts from developing between workers of very different generations. Although these conflicts are often seen as just workplace ‘banter’ they can cross the line to the point an employee feels they have been unlawfully discriminated against. For instance, where workplace ‘jokes’ have a repeated ageist element or stereotypes about young or old people stray into being seen as unlawful harassment.

The number of age discrimination cases filed at the UK’s employment tribunals has increased by 50 percent in the last year, up from 372 cases in the quarter ending 30 September 2024 to 561 in the same quarter of 2025.

Littler senior associate Dónall Breen claims that age discrimination is one of the few forms of discrimination that is seen as, in some way, socially acceptable with phrases such as “snowflake” and “OK boomer” having entered everyday speech. Unlike the US (for example), young people can also be discriminated against on the basis of age. However, in practice, age discrimination claims in employment tribunal cases is much more frequently brought by older workers.

Breen warned: “Demographic trends support the idea that the workforce will get more diverse from an age point of view. However, there are undercurrents, like the “culture wars”, that are making this integration more difficult.

Many employers are alert to the possibility of claims relating to sex, political belief or race, but for many companies age discrimination claims pose a hidden risk that only becomes apparent when it is too late.”

“A lot of age discrimination cases can arise out of initially harmless or jovial situations, which get out of hand due to lack of intervention by management when it became clear lines were being crossed. “

An employer will be liable for the age discrimination by one of their employees unless they can show they took reasonable steps to prevent the discrimination.

He added that another area of legal risk for employers is where they seek to ease older workers out of the workforce as part of their succession planning strategy. This can stray into a discrimination and a tribunal claim if that is not process is not properly handled and shown to be a “proportionate means of achieving a legitimate” business aim.