Age discrimination at work

It's against the law to treat you unfairly (discriminate against you) at work because of your age. It's against the law to discriminate against you for being too young or for being too old.

The law about age discrimination only covers employment, adult education and training. There's no law which covers age discrimination in other areas. This means that companies like insurance companies and companies offering financial services are still allowed to discriminate against you because of your age.

Who does the law apply to

The law applies to you if you're in work or if you’re applying for a new job. It applies to you if you're an agency worker. It also applies to you if you need to get a reference from a company you used to work for. Your employer isn't allowed to refuse to give you a reference when you leave a job just because of your age.

The law applies to you regardless of how many people work at your firm or how long you’ve been working for them.

The law doesn't apply to you if you're in the armed forces or if you're an unpaid volunteer.

What does the law mean

Unfair treatment at work

Your employer isn't allowed to treat you unfairly because of your age. They're not allowed to have rules or practices which, although not aimed at you personally, would put you at a disadvantage because of your age. For example, they aren't allowed to say you need to have had 12 years experience after you qualify to apply for a job. This puts younger people at a disadvantage and it's against the law.

Also, employers aren't allowed to bully or pick on you because of your age. For example, they mustn't allow people to make offensive jokes about your age in the workplace.

There are some exceptions to the general rules. An employer may occasionally be allowed to discriminate against someone because of their age if they can show this is justified. For example, an employer could argue that it didn't make business sense to recruit people over 60 when there's a long and expensive training period involved in the job. The person wouldn't be in the job for a reasonable period before retiring. If you don't accept the justification, you can make a claim to an employment tribunal and they will look at each case individually. Not many employers will be able to justify discrimination.

Retirement and age discrimination

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I'll be 60 next December. My contract says I have to retire at 60 but I don't want to have to retire then. Does the law apply to me?

Most companies are not allowed to make you retire until you are 65. If they force you to retire, this is age discrimination which is against the law. If you’re a trade union member, talk to your trade union about how to negotiate with your company, or talk to an experienced adviser.

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Your employer can force you to retire at the normal retirement age. This is 65 or higher, depending on what your contract says. However, this rule is being challenged by a case in the European Court of Justice, which has not been decided yet. If your employer is forcing you to retire at the normal retirement age for your firm, you may be able to make a claim to an employment tribunal. You can ask for your claim to be stayed, that is, put on hold until the European Court of Justice case has been decided.

If your employer is forcing you to retire at the normal retirement age and you want to make a claim to an employment tribunal, you should get help from an expert employment adviser. Your local CAB should be able to help. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

There are rules about how your employer can force you to retire. These include giving you written notice of the date you're due to retire. You have a right to request to stay on beyond that date and the notice must tell you this as well. The notice should be issued between six and twelve months of the date you're due to retire.

If your employer fails to follow these rules, you can make a claim to an employment tribunal and may be awarded up to eight weeks pay –see under heading What you can do about age discrimination.

If you ask your employer to work beyond the normal retirement age, they have to consider your request but they don't have to agree.

If you want to retire before you're 65, you're allowed to do this as long as your employer agrees.

The law does not affect the age at which you can get state retirement pension. This is currently 60 for women and 65 for men.

Job applications and age discrimination

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I've just applied for a job and the form asks for my date of birth. Do I have to give it? I'm 62 and I'm afraid the company won't look at my application if they realise how old I am.

There’s nothing to stop a company asking your date of birth on an application form. But if you don’t get the job and you think it’s because of your age, you can use the fact that they asked you for your date of birth as possible evidence of age discrimination which is against the law.

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It is generally against the law for employers to refuse to take you on or to promote you because of your age.

This means that, in most cases, employers should not advertise jobs aimed at certain age-groups.

However, there are some exceptions to this rule. These are where an employer is able to justify that it is necessary to refuse to employ people over or under a certain age.

Also, there are some laws about the age that you have to be to do certain work. For example, bar staff serving alcohol must be at least 18. Obviously it isn't against the law to advertise for bar staff over the age of 18.

An employer is allowed to ask for information about your age in a job application. However, if you think an employer has used this information to discriminate against you, you can complain to an employment tribunal – see under heading What you can do about age discrimination.

Unfair dismissal

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I am only 42 but my boss says he's got to get rid of me because I'm too old – he says my image isn't right for his firm. Can he do this?

No he can't sack you unless there's a good reason. Simply being 42 isn't a good reason. If you're dismissed, you may have a claim for unfair dismissal. Get advice as soon as you can.

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If you are sacked unfairly, you can make a claim for unfair dismissal to an employment tribunal, whatever your age. It is unfair to dismiss you just because of your age.

However, as long as your employers have followed certain procedures, they can force you to retire at 65. This would not be unfair dismissal. But if you've asked to stay on at work beyond the age of 65, your employer must consider your request. If they don't, your dismissal will count as unfair and you might get compensation. It won't be counted as unfair dismissal if your employer has considered your request and turned it down.

For more information about the procedures your employer must follow when you retire from work, see under heading Retirement and age discrimination.

If you think you have been unfairly dismissed, you should get advice as quickly as possible, as there are time limits for making a claim to an employment tribunal. Your local Citizens Advice Bureau should be able to help. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Redundancy pay and age discrimination

If you’re made redundant, you can get redundancy pay regardless of how old you are. You must have worked for your employer for at least two years.

When they're making staff redundant, employers aren't allowed to discriminate against older or younger employees. But they are allowed to choose people for redundancy based on how long they’ve been working for them.

What you can do about age discrimination

If you are being treated unfairly or bullied at work because of your age, take action as quickly as possible.

Talk to someone

You could try telling the person who's harassing you or treating you unfairly to stop, but only if you feel it's safe to this. You may find it helpful to have a work colleague or trade union representative with you when you do this.

You should tell your manager about what's happening and also talk to your personnel department or trade union, if you have one. Put it in writing and keep a copy. Your employer is required by law to try and prevent workplace bullying and discrimination. If the person involved is your manager, you should tell someone higher up in the organisation.

Collect evidence

It might be useful to collect evidence of the discrimination you are suffering. This could include keeping a diary or record of the time, date and location of any incidents, what was said or done, if there were any witnesses and evidence of any similar incidents against colleagues. You might want to record the names and jobs of those you think are treated more favourably than you, or of the rule or policy that puts you at a disadvantage, and explain why.

The law allows you to ask your employer to provide information through a questionnaire procedure. This can help you get information to support your case. Get advice early on as there are strict time limits for this procedure.

You can get advice about age discrimination from your local Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Raise a grievance

If talking to someone hasn't stopped the harassment or unfair treatment, you can raise a written grievance with your employer. All workplaces are required by law to have a grievance procedure.

Make a claim to an employment tribunal

If you have not been able to solve your problem through raising a grievance, you may have to complain to an employment tribunal. You must have raised a written grievance with your employer before you do this. You have three months from the date the discrimination first took place to make a claim.

If you are thinking about making a claim to an employment tribunal, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Work pension schemes and age discrimination

Employers are allowed to include rules about age in their work pension schemes. This does not count as age discrimination.

For example, if your work pension scheme says that you can't get your pension before you're 60, this isn't against the law. Your company can set the age at which you can get your work pension, as long as it's over 50.

The National Minimum Wage and age discrimination

There are different rates of pay for the National Minimum Wage, depending on how old you are. You get less money if you're under 22 and this is not against the law.

Other types of discrimination

As well as age discrimination, you could be treated unfairly for other reasons, such as being a woman or gay or disabled.

For example, you're a 60-year-old woman and you're sacked because they say you’ve reached retirement age. Men in the company retire at 65. You may have a claim for sex discrimination as well as age discrimination. If you think you've been treated unfairly because of your age and because you're a woman, make sure you raise both issues if you make a complaint.

In England, Wales and Scotland, for more information about discrimination at work because you are lesbian, gay or bisexual, see What can I do if my employer treats me unfairly because of my sexuality? in Discrimination fact sheets.

In England, W ales and Scotland, for more information about discrimination at work because of your race, see What can I do if my employer treats me unfairly because of my race? in Discrimination fact sheets.

Further information

The Age and Employment Network works with older people to promote job opportunities for them. It also runs the Agebusters website which gives information about age discrimination: www.agebusters.org.uk.

Is that discrimination? is a website produced by Advicenow. It has information on how to tackle discrimination in the workplace. It also features a problem page and case studies about discrimination. Go to www.isthatdiscrimination.org.uk.

Discrimination - In N. Ireland