Information & advice

Proving age discrimination in the recruitment process can be difficult, as an employer is unlikely to make it obvious that they turned someone down because they were too old, or too young.

How do you prove age discrimination in recruitment?

In order to successfully claim age discrimination in relation to recruitment, an applicant will need to show evidence that age could have been the reason that they did not get the job. The employer will then have to prove that they did not discriminate against the applicant.  There is a questionnaire procedure that can be used to obtain extra information from employers, to help you decide whether you should bring a claim, and to gather evidence if you decide to go ahead.

A lack of protection for people over 65

There is an exemption under the new law which means that if you are:

• over 65, or
• over your employer’s normal retirement age if this is over 65, or
• within six months of, age 65, or the employer’s normal retirement age if this is higher,

you have no protection against age discrimination when applying for jobs. 

An employer will be able to refuse to consider you for a job over this age, without having to justify it, and you will have no way of challenging or appealing against the decision.

What about job adverts?

Employers should not include age limits in job adverts, and should avoid using words which could suggest they are looking for applicants from a particular age group.  For example an advert which states that the company requires a ‘young, enthusiastic’ person could be used as evidence of age discrimination.

Can an employer ask for your date of birth when you apply for a job?

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. 

What about employment agencies?

Agencies have a duty under the law not to discriminate against you because of your age.  They must not deny you access to their services, or to particular job placements because of your age (unless they can justify this or it is covered by an exception).  If an employer tells an agency that having a characteristic related to age is a genuine occupational requirement for a particular job, the agency can rely on this statement as long as it is reasonable to do so.  It would then be for the employer, not the agency, to show that age really is a genuine occupational requirement for the job.

 

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 age discrimination law

 

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