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Your employment choices

More people are staying in work past the age at which they might previously have been expected to retire‚ either because they simply enjoy working or because they need to carry on working for financial reasons.

This information guide will help you:Women working in an office

  • consider your options‚ including staying in your current job if you have one‚ changing career or considering self-employment
  • dealing with being dismissed and how to go about looking for a new job

You can download our free information guide from the top right corner of this screen or click on the links below:

Index


Staying in work

If you are in work‚ it helps to be aware of your basic employment rights‚ for example‚ how much time off you are entitled to‚ or what happens if you have to take time off sick. Acas (the Advisory‚ Conciliation and Arbitration Service) runs a helpline that can answer your questions on employment rights and give you information on how to deal with a dispute with your employer. Other sources of information on employment rights are also listed in the ‘Useful organisations’ section.

Legislation against age discrimination at work and in training came into force in October 2006. In general‚ it is now unlawful for employers to discriminate against you because of your age‚ so you should be treated the same as younger colleagues. But there are a number of exemptions in the law that allow certain discriminatory practices to continue. If you think you are being discriminated against because of your age‚ you should seek advice.

What next?For full details of the new law on age discrimination‚ see the Age Concern mini-guide‚ Calling time on age discrimination. Order a free copy by calling 0800 00 99 66 (free call)‚ or download a copy.

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Flexible working

You may want to continue working‚ but with some changes to your current job‚ for example‚ reduced hours‚ a different role‚ or more flexibility over your working arrangements. If you discuss this with your employer‚ you should emphasise the benefits to the organisation such as retaining your skills and experience‚ or avoiding the cost of recruiting a replacement. If you are a carer for an adult (a partner‚ relative or someone else you live with)‚ your employer has a duty to consider your request for flexible working and to give you reasons if they refuse it.

You can now draw an occupational pension while continuing to work for the same employer. You can also draw your state pension while working‚ or choose to defer your state pension and receive a higher weekly pension or lump sum when you do decide to draw it. If you work past state pension age you do not have to pay National Insurance contributions.


What next?Contact The Pension Service to request a forecast of what effect deferring your state pension could have on the amount you eventually receive. (see page 18)
‘The reason I want to work is … I’m 60‚ I’m still fit and I’m just not ready for the scrapheap yet. It’s as simple as that.’

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Redundancy

If your employer is making you redundant‚ you should check whether it is a genuine redundancy situation and whether the correct procedure is being followed. In general terms‚ a redundancy happens when there is no longer a need for someone to do your work‚ for example‚ if the business is closing down or changes are made to the way the work is done.

Your employer has a duty to consider whether there are any alternative suitable jobs for you within the organisation. They also have to show that they have followed a fair procedure when making you redundant. You may be able to claim unfair dismissal at an Employment Tribunal if your employer has not followed the right procedures. It would be unlawful age discrimination for your employer to select you for redundancy because of your age‚ unless they can justify this.

If you are a member of a union‚ you should receive support and advice from them‚ to make sure that the redundancies are carried out fairly and that all alternatives are considered. You could also visit the TUC website‚ WorkSmart‚ for general information on your employment rights.


What next?The rest of this guide will help you find the advice and support you need to get back into work‚ if this is what you decide to do.

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Redundancy payments

The upper age limit for statutory redundancy payments‚ which used to be age 65‚ has now been removed. Employees over the age of 65 are now entitled to redundancy payments calculated in the same way as for other employees. Your contract of employment might say that you are entitled to more than the statutory minimum redundancy payment so you should check that you are being paid the correct amount.

If you are not paid your redundancy payment‚ or if you are paid too little‚ you can make a claim at an Employment Tribunal. You should try to resolve the problem with your employer first by putting your complaint in writing to them. If you do have to start an Employment Tribunal claim about your redundancy payment‚ you must do this within six months of being made redundant.

If your employer is insolvent and cannot pay your redundancy payment‚ you should claim it from the Insolvency Service’s Redundancy Payments Office.


What next?To find out the statutory minimum amount of redundancy pay you are entitled to‚ call Acas or visit the Department for Business‚ Enterprise and Regulatory Reform (BERR) website. 

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Retirement

Not all employers have a fixed retirement age for their employees. Many recognise that it does not make business sense to dismiss a worker simply because they have reached a certain birthday. However‚ even though we now have legislation against age discrimination‚ it is still lawful for employers to force someone to retire in certain circumstances.

There is a new procedure for employers to follow if they want to retire you against your wishes. If you are under 65‚ it will be unlawful for your employer to force you to retire unless they can show that it is justified – you should seek legal advice in this situation. If you are over 65 and you are an employee‚ you should be given at least six months’ notice of your retirement date. You have the right to request staying on past your retirement date‚ but your employer can turn down this request without giving reasons for their decision.
There is nothing in the law that says employers must retire employees at age 65‚ and there is nothing to stop you retiring earlier if this is what you want to do and you can afford it.


What next?If you are being retired against your wishes you should seek advice about what action you can take. Your local Citizens Advice Bureau or another advice agency may be able to help‚ or you could contact a solicitor. Order a free copy of the Age Concern mini-guide‚ Calling time on age discrimination‚ by calling 0800 00 99 66 (free call)‚ or download a copy.

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Job hunting

It could be a while since you last had to look for a job and go through the application and interview process.
Local and national newspapers carry job adverts‚ sometimes on a particular day of the week. Most newspapers also have a website on which job adverts will be updated more regularly.

The internet is a good way of getting access to details of many vacancies. If you do not have the internet at home‚ you may be able to get free use of a computer at your local library and someone to help if you are not familiar with the internet.

You can use the internet to search for job vacancies in the following ways:


What next?You can use these websites to search for a particular type of job in locations local to you‚ and you can specify things like range of salary and whether you want to work full or part time.You can also search the national Jobcentre Plus database of vacancies by going to your local Jobcentre Plus office or by calling the Jobseeker Direct phone line. 

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Support for people who are out of work

Jobcentre Plus provides additional support for people on benefits to help them find suitable work. If you are over 50 and have been on certain benefits‚ including Pension Credit‚ for at least six months‚ you may be eligible for extra support from a personal adviser under the New Deal 50 plus programme. However‚ if you are on Pension Credit‚ this additional support may not be offered to you automatically because Pension Credit is administered by The Pension Service‚ not Jobcentre Plus‚ and they may assume you are not looking for work.


What next?Contact your local Age Concern to check what benefits you may be entitled to. If you already receive benefits‚ ask at your local Jobcentre Plus to make sure you are receiving all the support you are entitled to with getting back into work.

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Agencies

You can use employment agencies either to find temporary work placements‚ sometimes lasting as little as one day‚ or to find a permanent job. Agencies must not charge you for using their services. Some agencies specialise in working with people over 50.


What next?The Age and Employment Network (TAEN) can give you details of agencies in your area. You may be able to get help writing your CV‚ identifying what skills and experience you should focus on when applying for jobs‚ and practising for interviews. 


 
Carol had been out of work for 12 months when she joined an Age Concern project for people over 50 looking to get into work…
‘I had applied for a number of jobs without getting anywhere and my confidence had taken a bit of a knock. I heard about the Age Concern project through a friend and luckily I was eligible to join. I went on a number of courses‚ including an IT training course‚ and I got my ICT e-citizen Entry Level 3 Certificate.

The project also put me in touch with my employer‚ who was looking to recruit older workers. What I had learnt gave me the confidence and skills I needed to get the job. I’m now working as a customer adviser for a large retailer in IT. My employer really seems to value me and has given me lots of support and encouragement.’

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CVs and application forms

Most employers will send you an application form rather than asking you to send your CV. You may also be sent a person specification setting out what skills and experience the employer is looking for. You should make sure you use this to emphasise your most relevant skills and experience‚ including those gained outside paid employment if relevant to the job.

If you send your CV to a variety of employers‚ you may have to focus on different points for different applications to make sure that your CV is as relevant as possible to the job you are applying for.

You do not have to put your date of birth on your CV or application form‚ although it is not automatically unlawful for employers to ask for it. If you think your age was the reason you did not get a job or interview and the employer asked for your date of birth‚ you could use that as evidence of discrimination but it is unlikely to be enough on its own. It is best practice for employers to ask for your age only on a separate equal opportunities monitoring form.


What next?Your local nextstep service may be able to help you with your CV.

‘I realised that my CV was out of date and I knew that I needed it to be rejigged and updated. It was wonderful to have help with my CV‚ it was the support‚ the idea that you’re not alone‚ haven’t got to do it all on your own‚ you know.’

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Changing careers

If you are thinking of changing careers or have been out of work for a while‚ you may need new skills or qualifications to show evidence of skills you already have. You may also need to improve the basic skills that employers will be looking for‚ such as written English‚ maths or computer skills.

There is support available to help you decide on your next steps. If you are a member of a union‚ ask if there is a Union Learning Representative who can guide you through your options for training or gaining new qualifications or visit www.unionlearn.org.uk/ This could be training in the workplace‚ or at a local college or training centre.

What next?The Learndirect advice line offers free personalised careers advice and guidance. Call them on 0800 100 900 (free call) or visit the Learn Direct website for more information.

 

The nextstep careers information and advice service provides guidance on learning‚ skills and work. Some services may not be available to people who have more than five GCSEs or equivalent – but all nextsteps can provide free information. Contact your local nextstep to see what they can offer you.


What next?TAEN can signpost you to its network of organisations‚ many of which can offer career and learning advice to people over 50. Some Age Concerns also run projects to help people get into work. Contact your local Age Concern to find out if they offer such a service. If not‚ they may still be able to signpost you to a relevant organisation.


 
Self-employment

If you want to work for yourself‚ there is plenty of support available to get you started. PRIME is a charity that helps people over 50 to set up their own business. PRIME can help you find the right business idea‚ develop your business plan and signpost you to further support and advice.

Information‚ training and advice are also available from Business Link‚ a Government-funded service for people setting up in business. Some Business Links offer a mentoring service‚ with continued support once your business is up and running.

You may be eligible for Working Tax Credit in the early stages of self-employment if your household income is below a certain level. This is a payment to top up your earnings that guarantees a minimum income for people who are working. If you are over 50‚ starting work and have received benefits for at least six months‚ you may be entitled to an additional payment for your first year of self-employment. PRIME produces a free guide to Working Tax Credit for self-employed people over 50.

You can also get advice from PRIME or Business Link on how to make a business plan. Having a good business plan will be very important if you need to borrow money from a bank to get started. When drawing up your business plan‚ remember to include provision for a pension in the future‚ when you do decide to retire.


What next?Contact PRIME for a copy of their free‚ practical guide Ideas for business. It could help you find the right business idea for you. 
 

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Volunteering

Volunteering is a good way of gaining skills and experience if you are looking to get back into work. It can be rewarding in itself and benefit other individuals and your community. It can also sometimes be a direct way into paid employment with the organisation you volunteer for‚ but you should not expect this as a matter of course.

Volunteering opportunities include:

  • volunteering for a community group
  • becoming a school governor
  • joining the board of trustees of a charity
  • conservation work
  • working in a charity shop
  • volunteering for a campaigning organisation.

Organisations usually pay volunteers their out-of-pocket expenses‚ such as travel costs. As long as you are only paid expenses‚ volunteering should not affect your entitlement to social security benefits.

Some organisations have age limits for their volunteers. This will usually be lawful as the age discrimination regulations do not cover volunteering. People doing unpaid work have protection under the regulations if it is undertaken as part of a training course‚ and Government-appointed unpaid office holders such as magistrates are also covered. Many organisations using volunteers will have a policy against age discrimination even though this is not required by law.


What next?Contact Volunteering England to find out about opportunities or to find your local volunteer centre. 

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Useful organisations

Acas (the Advisory‚ Conciliation and Arbitration Service)
Provides advice and information on your rights at work and a conciliation service to help resolve employment disputes.
Brandon House
180 Borough High Street
London SE1 1LW
Helpline: 0845 747 4747 (lo-call rate)

Age Concern
For details of your nearest local Age Concern‚ call the Age Concern Information Line on (free call) 0800 00 99 66.

Business Link
Provides advice and training on setting up a business. Ring the number below to be connected to your nearest Business Link.
Tel: 0845 600 9006 (lo-call rate)

Citizens Advice Bureau (CAB)
National network of free advice centres.
For details of your local CAB call 020 7833 2188 (this number gives local contact details only‚ not advice).
Websites:
http://www.citizensadvice.org.uk/ for local CAB details
http://www.adviceguide.org.uk/ for online information
 
Department for Business‚ Enterprise and Regulatory Reform (BERR)
BERR replaced the Department for Trade and Industry in July 2007. The BERR website contains information on redundancy and employment rights.

HM Revenue and Customs (HMRC)
HMRC administers the Working Tax Credit system for people who are working but on a low income.
Working Tax Credit helpline: 0845 300 3900 (lo-call rate)

Insolvency Service’s Redundancy Payments Office
Call the helpline for details of the Redundancy Payments Office local to where you worked.
Tel: 0845 145 0004 (lo-call rate)

Jobcentre Plus
Call Jobseeker Direct to find details of job vacancies. Look in your local phone book to find details of your local Jobcentre Plus.
Jobseeker Direct: 0845 60 60 234 (lo-call rate) 
 
Learndirect
Online courses‚ local learning centres and careers advice and guidance.
Tel: 0800 101 901 (free call) for information on Learndirect courses
Tel: 0800 100 900 (free call) for careers advice

nextstep
See your local phone book or call the Learning and Skills Council on 0870 900 6800 (national call rate) for details of your nearest nextstep service.

Pension Service (The)
For details of state pensions‚ including forecasts and how to claim your pension.
Tel: 0845 60 60 625 (lo-call rate)
State Pension Forecasting Team: 0845 3000 168 (lo-call rate)

PRIME
A national organisation dedicated to helping people over 50 set up in business.
Astral House
1268 London Road
London SW16 4ER
Tel: 0800 783 1904 (free call) 
 
The Age and Employment Network (TAEN)
A national organisation committed to creating an effective job market for people in mid and later life. TAEN can signpost you to member organisations in your area for support in getting work or training.
207–221 Pentonville Road
London N1 9UZ
Tel: 020 7843 1590

Volunteering England
The national volunteer development organisation for England can signpost you to details of volunteering opportunities.
Regents Wharf
8 All Saints Road
London N1 9RL
Tel: 0845 305 6979 (lo-call rate)

WorkSmart
Website produced by the TUC (Trades Union Congress) to help people get the most out of work‚ including information on your employment rights‚ training‚ careers advice and how to find a union.

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What should I do now?

If you would like more information on the issues in this guide please call the Age Concern Information Line free on 0800 00 99 66.

You can order free paper copies of all our information guides through our online Information Guide order form.  

 

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Related books

We also publish books covering many of the above issues in our online bookshop. The following books may be of particular interest: