Information & advice

Here are answers to some of the most frequently asked questions you've been sending us: 

“I’m applying for a job and the application form asks me to give my date of birth. Do I have to provide it?”

“I’m applying for jobs for which I am well qualified‚ but I haven’t been offered any interviews yet. I think this is because of my age (I’m 61). Does the new law help me?”

“I’ve been told by an employer that they won’t consider me for a job because I’m too old. I’m age 66 and the employer has a retirement age of 65. Can they do this?”

“I have been passed over for promotion‚ even though I have more experience and qualifications than the younger person who got the position. I think it is because of my age. It seems that it is only people under age 50 who are promoted to senior positions in this company.”

“My employer won’t agree to let me go on a training course that my younger colleagues are all going on. He says it’s not cost effective to invest in training for me when I’m approaching retirement.”

“A course I want to go on at my local college has an upper age limit of 60. I’m 67. What can I do?”

“I’ve been given less than six months’ notice for retirement. What are my rights?”

“My contract says that the retirement age at the company is 60. I will be 60 next year‚ but I don’t want to retire yet. Can my employer force me to retire?"

"My employer has given me eight months notice of my retirement date. I made a request to continue working but‚ after discussing this with me at a meeting‚ my employer turned down my request. I appealed‚ but again the request was turned down. I’m 66."

“I’m not happy with the result of using my employer’s grievance procedure‚ is there anything else I can do?"

“I think I’m being discriminated against but I have no real proof. Is it worth me taking any action?”

“I’m applying for a job and the application form asks me to give my date of birth.  Do I have to provide it?”

Employers can still ask for your date of birth.  This would not automatically be age discrimination‚ but it could be used as evidence to suggest discrimination‚ if you do not get the job‚ and you believe this is because of your age.

It is good practice for employers to remove the date of birth from the application form and to ask for this on a separate equal opportunities monitoring form instead.  This should then not be seen by the person making the decision on who to shortlist for interview or who to hire. 

“I’m applying for jobs for which I am well qualified‚ but I haven’t been offered any interviews yet.  I think this is because of my age (I’m 61).  Does the new law help me?”

It is unlawful for employers to reject you for a job on the grounds of your age (unless they can justify this‚ or it is allowed by an exemption under the new law such as the exemption covering people over 65.  If you have enough evidence to show that discrimination could have taken place‚ it is for the employer to prove they have not discriminated against you. The questionnaire procedure can help you to get more information from the employer.

“I’ve been told by an employer that they won’t consider me for a job because I’m too old.  I’m age 66 and the employer has a retirement age of 65.  Can they do this?”

The new law allows employers to reject people for a job if they are over age 65‚ or the employer’s normal retirement age if this is over 65‚ or if they are within 6 months of that age. Unfortunately‚ this means that you do not have any protection under the new law‚ even if the employer openly admits that your age is the reason they are not considering you for a job.  You could submit a claim to the employment tribunal and ask for it to be stayed pending the Heyday case.

 “I have been passed over for promotion‚ even though I have more experience and qualifications than the younger person who got the position. I think it is because of my age. It seems that it is only people under age 50 who are promoted to senior positions in this company.”

If your employer has a practice of only promoting younger people‚ this will be unlawful age discrimination. The difficulty could be in proving this to be the case. You will have to have evidence to show that age could have been a factor in the decision not to promote you - for example‚ this could be evidence that you were better qualified for the job‚ and that people over 50 rarely get promotion. It will then be for your employer to show that age was not the reason and that they did not discriminate against you.  You could use the questionnaire procedure under the new law to request information from your employer about why you did not get the job‚ and about the ages of people who are promoted to senior positions. 

“My employer won’t agree to let me go on a training course that my younger colleagues are all going on. He says it’s not cost effective to invest in training for me when I’m approaching retirement.”

This could be unlawful direct discrimination as you are being treated less favourably than younger colleagues because of your age. Your employer may try to argue that they are justified in refusing you training for reasons of business efficiency.  They would need to take into account the cost of training staff of all ages‚ bearing in mind that other staff may leave soon after training‚ for reasons unconnected to retirement.  If you were to claim age discrimination‚ the tribunal would have to decide whether your employer had a legitimate aim and whether refusing you training was an appropriate and necessary way of achieving that aim. 

“A course I want to go on at my local college has an upper age limit of 60.  I’m 67.  What can I do?”

Your college would be acting unlawfully by setting an age limit‚ unless they can show it is justified‚ or it is covered by an exemption under the new law.  They cannot argue that a course is for working age people‚ as you may be 67 and wanting work.

“I’ve been given less than six months’ notice for retirement. What are my rights?”

If you’re given less than six months’ notice of your retirement date‚ or of your right to request not to retire‚ you can claim up to eight weeks’ pay at the Employment Tribunal (this is currently limited to a maximum of £330 per week‚ so the maximum total compensation would be £2‚640).   You can also claim unfair dismissal.  The tribunal would have to decide whether retirement was the real reason for your dismissal.  The more notice you have been given the more likely it is that the dismissal will be fair.

If you are given less than two weeks notice of your retirement date and/or your right to request staying on‚ the dismissal will automatically be unfair.

“My contract says that the retirement age at the company is 60.  I will be 60 next year‚ but I don’t want to retire yet.  Can my employer force me to retire?"

If your employer tries to force you to retire under age 65 (“the default retirement age”)‚ it will be unlawful direct discrimination‚ unless they can justify it.  It is likely that it will only be possible to justify such a retirement in exceptional circumstances.  This part of the contract would be void as it would be unlawful under the regulations.

"My employer has given me eight months notice of my retirement date.  I made a request to continue working but‚ after discussing this with me at a meeting‚ my employer turned down my request.  I appealed‚ but again the request was turned down.  I’m 66."

It sounds as if your employer has followed the correct procedure.  You are over the default retirement age of 65; you have been given more than six months notice; and the “duty to consider” procedure has been followed.  Your employer has acted lawfully under the current law‚ but you can submit a claim to the employment tribunal and have it stayed pending the outcome of the Heyday case. If the law changes as a result of that case‚ you may then be able to claim compensation.

“I’m not happy with the result of using my employer’s grievance procedure‚ is there anything else I can do?”

If your employer has unlawfully discriminated against you‚ you can bring a claim against them at the employment tribunal. You have three months from the date of the discrimination in which to start your claim. 

“I think I’m being discriminated against but I have no real proof.  Is it worth me taking any action?”

It is often difficult to get evidence that you have been discriminated against‚ as your employer is unlikely to admit it‚ or have written evidence of discriminatory policies or practices.  There is a questionnaire procedure that you can use to request further information from your employer‚ or the employer with which you have applied for a job.  In order to win a discrimination claim you need enough evidence to show that discrimination could have taken place‚ it is then up to the employer to prove that it did not. 

 

Free mini-guide to age discrimination at work

You can download all the information in this section in our mini-guide to age discrimination‚ or you can order a copy  from our freephone Information Line on 0800 00 99 66.

Find out more about the new age discrimination law

 

 

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