Under section 39(2) of the Equality Act 2010 (EqA 2010), in relation to an employee who has a protected characteristic, it is unlawful for an employer to discriminate against that employee: • as to the employee’s terms of employment • in the way the employer affords the employee access, or by not affording the employee access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service • by subjecting the employee to any other detriment Age is a protected characteristic, see Practice Note: Age, gender reassignment, race and sex. While the concept of discrimination for the purposes of section 39(2) encompasses a wide range of prohibited conduct (see: Prohibited conduct (discrimination etc)—overview), your query primarily concerns two forms of discrimination