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Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
Official form & guidance: Form ET1 (Make a claim to an employment tribunal) →
In short
To bring an age discrimination claim you complete form ET1 and submit it online to the Employment Tribunal. First you must start ACAS early conciliation (now up to 12 weeks) and obtain your certificate number. There is no minimum service period — claims can be brought from day one or even during recruitment. In your ET1 you confirm your and the respondent’s details, identify the type of discrimination under the Equality Act 2010 (direct, indirect, harassment or victimisation), set out clear particulars of claim with dates and names, and state the remedy you seek. The deadline is normally 3 months less 1 day from the act complained of. eLitigant’s Chris drafts this for you to a professional standard — you check, sign and file.
1. Draft it from scratch
Tell Chris what happened — the comments, the comparators, the PCP — and Chris drafts your ET1 particulars of claim in plain, chronological terms.2. Check the draft you’ve written
Already written your particulars? Upload your draft and Chris reviews it against the heads of claim — direct, indirect, harassment, victimisation.3. You’ve had a response — reply
Received an ET3 or a justification argument from your employer? Run it by Chris and prepare your next step.
In short: Form ET1 is the claim form used to start an age discrimination case at the Employment Tribunal under the Equality Act 2010, covering direct discrimination, indirect discrimination, harassment and victimisation — with ACAS early conciliation required first. The particulars of claim are the heart of the form, setting out what happened, when, and why your age was the reason. eLitigant drafts your ET1 particulars, or checks the draft you’ve written, working from your own documents.
Age discrimination is one of the most widespread forms of workplace unfairness — and one of the least challenged. If your employer has treated you less favourably because of your age, passed you over for promotion, forced you into retirement, or applied criteria that disproportionately affect your age group, you may have a valid claim to the Employment Tribunal. Age is a protected characteristic under the Equality Act 2010, and you do not need any minimum length of service to bring a discrimination claim. This guide explains exactly how to file your ET1, what law applies, and what to expect at each stage.
When Do You Need to File an Age Discrimination Claim?
You should consider filing an ET1 age discrimination claim when your employer — or a prospective employer — has treated you unfavourably because of your age, and you have been unable to resolve the matter through internal processes or ACAS early conciliation. Common situations that lead to an age discrimination claim include:- Dismissal or forced retirement — being pushed out of your role because of your age, or being told you are “too old” for the position
- Recruitment refusal — not being hired, shortlisted, or interviewed because of your age, whether younger or older
- Denied promotion or training — being passed over for progression opportunities given to colleagues of a different age
- Redundancy selection — where age-related criteria (such as “last in, first out” or proximity to retirement) were used to select you
- Pay and benefits differences — receiving lower pay, fewer benefits, or reduced hours compared to colleagues doing the same work but of a different age
- Harassment — unwanted conduct related to your age that created an intimidating, hostile, or offensive environment
- Victimisation — being subjected to a detriment after raising an age discrimination complaint or supporting a colleague’s complaint
What an Age Discrimination Claim Involves
Age discrimination claims are brought under the Equality Act 2010. Age is defined as a protected characteristic in section 5, and it covers people of all ages — both younger and older workers are protected. The law recognises several distinct types of discrimination, and your ET1 should identify which applies to your situation. Direct discrimination (section 13): Your employer treated you less favourably than it treats, or would treat, someone of a different age — and age was the reason for that treatment. For example, if your employer dismissed you and replaced you with someone significantly younger, that may amount to direct age discrimination. However, unlike other forms of direct discrimination, direct age discrimination can be justified if the employer can show the treatment was a proportionate means of achieving a legitimate aim. This is unique to age among the protected characteristics. Indirect discrimination (section 19): Your employer applied a provision, criterion, or practice (a PCP) to everyone, but it put — or would put — people of your age group at a particular disadvantage compared with people of other age groups, and it put you personally at that disadvantage. The employer can defend an indirect discrimination claim by showing the PCP was a proportionate means of achieving a legitimate aim. Common PCPs that give rise to indirect age discrimination include length-of-service requirements, physical fitness tests, mandatory retirement ages, and requirements for particular qualifications that older or younger workers are less likely to hold. Harassment (section 26): Unwanted conduct related to your age that had the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Comments about your age, “jokes” about retirement, or being called “past it” or “too young to understand” can amount to harassment. Victimisation (section 27): You were subjected to a detriment because you did a protected act — such as raising a complaint about age discrimination, supporting a colleague’s complaint, or giving evidence in an age discrimination case.Understanding Justification in Age Discrimination
A critical feature of age discrimination law is the justification defence. Both direct and indirect age discrimination can be justified if the employer proves:- The treatment pursued a legitimate aim — such as workforce planning, health and safety, or encouraging loyalty through length-of-service benefits
- The treatment was a proportionate means of achieving that aim — meaning there was no less discriminatory way to achieve the same result
- Succession planning and bringing in “new talent”
- Offering enhanced redundancy based on proximity to retirement
- Setting physical fitness requirements for safety-critical roles
- Maintaining a particular age profile for customer-facing teams
How to Complete Your ET1 for Age Discrimination: Step by Step
The ET1 is your formal claim form, submitted online through the Employment Tribunal Service. The quality of the information you provide at this stage shapes the entire case.Step 1 — Confirm Your Personal and Respondent Details
In section 1 of the ET1, enter your full name, date of birth, address, and contact details. In section 2, enter the respondent’s details. This is normally your employer. Use the exact registered company name — check Companies House if you are unsure — and the correct address. If your claim is against a recruitment agency or a prospective employer, name that organisation as the respondent. If you are bringing a claim against an individual (such as a manager responsible for harassment), they can be named as an additional respondent alongside the employer.Step 2 — Confirm Your Employment Details
State whether you are currently employed, previously employed, or whether this relates to a recruitment decision. Enter your start date, end date (if applicable), job title, and pay details. Age discrimination claims can be brought by employees, workers, and job applicants. If you were never employed by the respondent because you were refused a job on grounds of age, state that clearly.Step 3 — Select the Correct Type of Claim
In the “Type of Claim” section, tick “Equality Act (including equal pay)” and confirm you are bringing a claim for age discrimination. If you have additional claims — for example, unfair dismissal or breach of contract — tick those as well. You can bring multiple claims on a single ET1.Step 4 — Write Your Particulars of Claim
This is the most important part of your ET1. Set out your case in plain, chronological terms. The tribunal needs to understand what happened, when it happened, and why you say it was age discrimination. Structure your particulars carefully:- Identify your age and, if relevant, the age or age group of comparators. For direct discrimination, you need to identify someone of a different age who was treated more favourably — either an actual colleague or a hypothetical comparator.
- Describe each act or omission that you say amounts to age discrimination. Be specific about dates, who was involved, and what was said or done.
- Explain the link to age. State why you believe your age was the reason for the treatment. This could be based on what was said to you, the pattern of treatment, the timing, or the contrast between how you and colleagues of different ages were treated.
- For indirect discrimination, identify the PCP — the policy, practice, or criterion that was applied — and explain how it put your age group at a disadvantage.
- Address justification if possible. If you anticipate the employer will argue justification, explain why you say the treatment was not proportionate or why the aim was not legitimate.
Step 5 — State the Remedy You Are Seeking
The ET1 asks what you want if your claim succeeds. The tribunal can award:- Compensation — for financial losses (lost earnings, pension loss, future loss) and injury to feelings (assessed using the Vento bands — for claims presented on or after 6 April 2026, a lower band of £1,300 to £12,600, a middle band of £12,600 to £37,700 and an upper band of £37,700 to £62,900, with the most exceptional cases capable of exceeding £62,900 (Ninth Addendum to the Presidential Guidance, 30 March 2026))
- A declaration — confirming that discrimination took place
- A recommendation — that the employer take steps to reduce the effect of the discrimination on you or on others
Step 6 — Submit Your ET1
Review every section carefully. Attach any supporting documents the form allows. Submit online through the Employment Tribunal Service. You will receive an acknowledgment and a case number. Keep this safe — you will need it for all future correspondence.Key Deadlines
| Deadline | Detail |
|---|---|
| ACAS early conciliation | Must be started before filing your ET1. Since December 2025, the conciliation period is up to 12 weeks. |
| Current time limit | 3 months less 1 day from the act complained of (or the last act in a continuing course of conduct). The ACAS conciliation period pauses (extends) this deadline. |
| ERA 2025 change (from October 2026) | The time limit extends to 6 months less 1 day from the act complained of. If your claim arises after October 2026, the longer deadline applies. |
| Response (ET3) | The respondent has 28 days from receiving your ET1 to file their response. |
| Preliminary hearing | Usually listed within 4–8 weeks of the ET3 being filed. |
| Final hearing | Typically listed 6–12 months after the claim is filed, depending on tribunal region and complexity. |
What Happens After You File
Once your ET1 is accepted, the tribunal sends a copy to the respondent, who then has 28 days to file an ET3 response. A case management order will be issued setting out directions — these typically include exchanging documents, preparing witness statements, and attending a preliminary hearing. At the preliminary hearing, the tribunal will clarify the issues in the case, set a timetable, and decide whether any preliminary points need resolving — for example, whether the claim was filed in time. If your employer argues justification, the burden of proof is on them to establish it. Before the final hearing, you will need to prepare a bundle of documents (all the relevant evidence in an agreed, indexed file) and exchange witness statements. At the final hearing, both sides present their cases, witnesses give evidence and are cross-examined, and the tribunal makes its decision. Age discrimination cases can involve significant compensation, particularly where the discrimination led to job loss. The tribunal will assess financial losses and make an award for injury to feelings using the Vento bands. There is no statutory cap on discrimination compensation — unlike unfair dismissal, where the compensatory award is capped.Common Mistakes to Avoid
- Missing the time limit. The 3-month deadline runs from the act complained of, not from when you realised it was discrimination. If there is a series of acts forming a continuing course of conduct, time runs from the last act — but you must argue that point clearly. Do not assume the tribunal will extend time.
- Not identifying a comparator. For direct discrimination, you need to point to someone of a different age who was treated more favourably in the same or similar circumstances. This can be a real person or a hypothetical comparator, but the comparison must be meaningful.
- Failing to specify the PCP for indirect discrimination. If your claim is for indirect discrimination, you must identify the specific provision, criterion, or practice. “My employer’s approach” is too vague — name the policy, the practice, or the rule.
- Ignoring the justification defence. Age is the only protected characteristic where direct discrimination can be justified. If you do not anticipate and address this in your claim, you may be caught off guard at the hearing.
- Vague particulars of claim. Generalities such as “I was overlooked because I’m older” are not sufficient. The tribunal needs dates, names, specific decisions, and a clear link between those decisions and your age.
- Not completing ACAS early conciliation first. Your claim will be rejected if you have not gone through ACAS first. Start the process as early as possible — the 12-week conciliation window (since December 2025) gives meaningful time for settlement discussions.
- Naming the wrong respondent. If you worked for a subsidiary, franchisee, or agency, you must name the correct legal entity. Check Companies House and your contract of employment.
- Forgetting to claim injury to feelings. Age discrimination cases routinely attract injury to feelings awards. If you do not claim this in your ET1, you may face difficulties adding it later.
The Rules That Apply
The primary legislation governing age discrimination claims is:- Equality Act 2010, section 5 — defines age as a protected characteristic
- Equality Act 2010, section 13 — direct discrimination (with justification defence for age)
- Equality Act 2010, section 19 — indirect discrimination
- Equality Act 2010, section 26 — harassment
- Equality Act 2010, section 27 — victimisation
- Equality Act 2010, section 39 — application to employees and applicants
- Equality Act 2010, Schedule 9 — permitted exceptions (such as the national minimum wage age bands and certain occupational requirements)
- Employment Tribunals Act 1996, section 18A — ACAS early conciliation requirement
- Employment Rights Act 2025 — from October 2026, extends the time limit for bringing claims from 3 months to 6 months
Related Court Forms & Guides
- Form N260: Statement of Costs — the costs schedule used at summary assessment.
- Form N244: Application Notice — the form for interim applications.
- Start a Money Claim Online (OCMC) — where most civil money claims begin.
- Particulars of Claim — setting out the basis of your claim.
- Civil Court Forms Index — every civil court form guide in one place.
How Chris Can Help
Drafting an age discrimination ET1 requires more than just describing what happened. You need to identify the correct legal basis for your claim, frame the facts around the statutory test, anticipate the justification defence, and present your case in a way the tribunal expects to see. Chris can help you with all of this. Chris drafts your ET1 particulars of claim to a professional standard, ensuring your age discrimination arguments are legally structured, your comparators are properly identified, and the timeline of events is clear. Chris also helps you prepare your Schedule of Loss and ensures your claim addresses both financial losses and injury to feelings. You do not need a solicitor to bring an age discrimination claim. With the right preparation, self-represented litigants achieve strong outcomes at the Employment Tribunal every day.Frequently asked questions
Do I need a minimum length of service to bring an age discrimination claim?
No. Unlike unfair dismissal, which generally requires two years of continuous employment, age discrimination claims under the Equality Act 2010 can be brought from day one of employment — or even before employment begins if you were discriminated against during recruitment. Employees, workers and job applicants are all protected.Do I have to contact ACAS before filing my ET1?
Yes. You must complete ACAS early conciliation before filing your ET1, and you will need your ACAS early conciliation certificate number before submitting your claim. The conciliation process pauses your claim deadline while it is ongoing, but you must initiate it promptly — check the current conciliation period for your situation.What types of age discrimination can I claim for?
The Equality Act 2010 recognises direct discrimination (section 13), indirect discrimination through a provision, criterion or practice (section 19), harassment (section 26) and victimisation (section 27). Age covers both younger and older workers. Your ET1 should identify which type or types apply to your situation.What is the justification defence in age discrimination?
Uniquely among the protected characteristics, both direct and indirect age discrimination can be justified if the employer proves the treatment pursued a legitimate aim and was a proportionate means of achieving it. A vague claim of business need is not enough — the employer must show the specific aim and prove proportionality with evidence, and the tribunal scrutinises these arguments carefully.What is the most important part of the ET1?
The particulars of claim. Set out your case in plain, chronological terms: identify your age and any comparators, describe each act you say amounts to discrimination with dates and detail, explain the link to age, and — for indirect claims — identify the PCP. Vague statements such as “I was treated unfairly because of my age” are not enough; the tribunal needs factual detail.What remedies can the Tribunal award?
If your claim succeeds, the tribunal can award compensation for financial losses and injury to feelings, a declaration that discrimination took place, and a recommendation that the employer take steps to reduce the effect of the discrimination. If you are claiming financial losses you can provide a figure or state that you will prepare a detailed Schedule of Loss.Ready to put your age discrimination claim properly?
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