Wrong age problem page

Have you got a problem at work? Or are you finding it difficult to get a job, get promoted or sent on training? Do you think it might be something to do with your age? Then write to our employment discrimination expert Richard Leong for advice using the form at the bottom of the page.

I've got years left in me yet, but they're not interested

Dear Richard
I'm a carer working with people with learning disabilities. I'm lucky to love the work I do and to be fit and healthy despite being sixty four - and a half! I recently had to move house to be nearer to my elderly mother. It's too far to travel every day so I started applying for similar jobs in my new area. One interview went very well but I didn't get the job. When I asked for feedback they told me that I was a strong candidate, but that they didn't want to employ me because I'm only six months away from the company retirement age of 65. I told them that I want to continue working for years yet, but they weren't interested. Can they do that? Don't I have rights under the age discrimination laws?

Richard says:
I'm afraid that they can do that. If an organisation has a retirement age of 65 or over, they can refuse to consider your application or offer you the job. Not all companies will take that approach though, so look for organisations that value a mix of young and older workers and have a more flexible approach to retirement.

Are they allowed to ask me my age?

Dear Richard
I'm currently applying for a job as an IT Support Officer. When I was filling in the application form I noticed that it asked for my age. Can they do that? I thought the new rules meant that they couldn't.

Richard says:
There is nothing in the age discrimination rules stopping an employer from asking job seekers about their age; but it is not good practice.

Good practice would be employers asking for personal information, for example, age on a separate equal opportiunities monitoring form, but this information should not be given to the people considering the job applications.

Unless you suspect that the employer is asking about your age because they want, say, a young IT support officer; then I would say that this employer is probably not trying to discriminate, but is merely ignorant of good recruitment practice. Working practice will take time to catch up with the law. Of course, if you do not get the job and suspect that it was for age reasons, then asking for your age in the job application form is evidence of discrimination. In the meantime, I would advise you to answer the question on age, regardless.

I didn't give up, even though employers thought I was too old

Dear Richard
Although I am now a working pensioner, it took me quite a while to find a job. I went to college to do NVQ Admin while I was in my fifties, and passed NVQ 2 and 3. After I left the college, I couldn’t find a job, this was solely to do with my age.

I remember applying for an admin job in security, they contacted me by phone and asked me how old I was, so I told them, after that I didn’t hear anything from them.

I didn’t want to phone them back to ask why they didn’t consider me but I guessed anyway. After a while I went for several interviews, none of which I was considered for.

One day, my daughter came in to say that there were some temporary jobs going where she worked and asked me if I was interested, so I said yes!

The moral of this story is that, never give up hope, just because some employers think that you are old, there are some that don’t. I have a very good boss and great work colleagues and I have been an
administrator for over a year and before that, a data entry clerk.

I hope that this will help anyone who is fighting against age discrimination.

Richard says:
Your story of determination overcoming discrimination is an inspiration to anyone facing age discrimination while seeking work. Clearly your age did not deter you from getting your NVQ qualifications and finally securing a job as an administrator.

Although the law against age discrimination means that the days when employers can refuse jobs to older people are over, it will take time for attitudes catch up with the law.

If you were told over the phone that you were too old for the security job this would be a clear case of age discrimination. You can bring a tribunal claim against the security company, but there is a three month time limit to bring the claim, starting from the date when you got the bad news over the phone.

If you wish to bring a claim you can certainly contact me for further legal advice. The moral of your story is clear: no mater how old you are, never give up hope.

Want to know more about age discrimination?

See links to other websites for more information. And you can check out our jargon buster in the menu on the right hand side for a quick run-down of some of the language used in the rules.

January 2008