基于年龄的雇员待遇不太优惠，在特殊情况下只可能是合法的。直接和间接的歧视是正当的，如果它是一个相称的手段实现一个合法的目的[ 13 ]，如业务需求和效率。这种歧视的影响应显着超过合法目的的价值，也不应该有合理的替代雇主采取的行动。机构和组织，如NHS也涵盖了范围的规例，因此禁止歧视雇员的年龄为基础的规定适用于所有雇主，无论规模的组织。应该指出的是，雇主也会对他们的员工在就业过程中的歧视行为承担替代责任的概念下（不论该行为是以雇主的批准或知识），除非能够证明雇主采取合理可行的措施防止这种歧视.
The less favourable treatment of an employee based upon age is only likely to be lawful in exceptional circumstances. Direct and indirect discrimination is justifiable if it is a proportionate means of achieving a legitimate aim, e.g. business needs and efficiency. The effect of such discrimination should be significantly outweighed by the value of the legitimate aim and there should be no reasonable alternative to the action taken by the employer. Bodies and organisations such as the NHS are also covered by the scope of the Regulations and are therefore prohibited from discriminating against employees on grounds of their age.The Regulations apply to all employers, regardless of the size of organisation. It should be noted that employers will also be liable under the concept of vicarious liability for discriminatory acts of their employees acting within the course of employment (whether or not such acts were undertaken with the approval or knowledge of the employer), unless it can be shown that the employer took reasonably practicable steps to prevent such discrimination