Too old

Frank
Our age discrimination expert, Richard Leong, answers your questions. Do people think you're too young to get a particular job, get promoted or sent on training? Do older colleagues get better perks than you? Then write to Richard for advice using the form at the bottom of the page.

I get less benefits than a younger person with the same problems - is that fair?

Dear Richard
I am 72 years old and have had increasing health problems over the last few years which mean I can't get around very well and need help around the house. I recently applied for Attendance Allowance, which is for over 65s, but discovered that unlike Disability Living Allowance (which is for those under 65), Attendance Allowance takes no regard of any mobility problems you may have but is almost purely about personal care. It seems that if you have mobility problems as an older person then they don't count towards getting any help - this seems like straightforward age discrimination to me as under 65s with mobility problems can qualify for benefit. What do you think?

Richard says:
I'm afraid you're right - over 65s do not receive the mobility element in Attendance Allowance. This is direct discrimination. Unfortunately social security benefits like Attendance Allowance are not covered by the age discrimination rules and so this unfair treatment is perfectly legal. You might be interested to know that a number of charities such as Age Concern and Help the Aged have come together in the Mobilise Campaign to challenge age discrimination in the benefits system. You can find out more by visiting the Help the Aged website.

They said it's 'not worth' training me

Dear Richard
I'm a teacher and 62 years old. There is a new AS level that has become very popular at my school and I've always been very interested in it. The number of students wanting to do it grows each year and they need more teachers. The Head recently advertised in the staff room for teachers who might be interested in being trained to teach it and I had all the necessary experience. But when I put my name forward I was told it 'wasn't worth' training me to do it. But I don't reach retirement age for another three years and I don't plan on going then. Is there anything I can do?

Richard says:
This sounds like direct discrimination on the grounds of your age in. You have been treated less well than other teachers who (presumably) are younger than you and have been accepted on the training programme.

The school can justify this age discrimination by saying that it is not worth spending the money on training a 62 year old when he/she will retire anyway at 65. Unfortunately, they may be able to get away with it.

However, much depends on the nature and length of the training. If the training is simple and short, say, three months long, then it will be harder for the school to justify refusing to give you the training. But if the training is for, say, two years, then their justification will probably be valid.

It may help if you tell the school that you want to work beyond retirement age. This is something that you have a legal right to request. This would undermine the school’s argument that training you ‘wasn’t worth it’.

It might be a good idea to talk to your union too. They may be able to advise you or help you negotiate with the Head. You can also view information on asking to stay on after 65 by clicking on the links below.

I hope this helps.

Doesn't my loyalty count for anything?

Dear Richard
There seems to be quite a lot of discrimination against older people, even for 35 year olds! I am 52 and resent the fact that younger people are sent on courses because they are 'younger'. In most of these cases they have left the company after six months whereas myself, I would have remained loyal and stayed in the company. The result has been money wasted over and over again on those who have left, more younger ones trained for specific roles and again they leave after six months or so. I would have thought that this would be a lesson learned. Especially with regard to employees who have been at the company 10 years or more and are likely to remain loyal! Can I do anything about this and how do I approach this subject without looking like I am discriminating people younger than myself, which is certainly not the case. I am sure if I complained this would be the reply.

Too young or too old?
There are new rules to protect you from being discriminated against at work or on training because of your age. 'Too young or too old' gives an overview of the law.

Richard says:
From what you've told me, I understand that you are unhappy because your employer is by-passing you for training because of your age. I advise you to lodge a grievance to your employer. I would couch the grievance in a positive light, mentioning your loyalty and experience, rather than seeming to have a go at young people being a waste of company resources. You need to impress upon the company what a valuable asset you are and that older workers need training too. Check that the company has an equal opportunities policy and the managers are getting equalities training. In terms of your legal rights, this is direct discrimination on the grounds of age. It would be difficult for the company to justify it, if they are wasting money on training people who leave after six months.

They're treating me like I'm past it

Dear Richard
I'm a machine operator in a factory. I've been using heavy machinery for most of my working life. But my boss has just told me that they're moving me to the production line so that I can take it easier now that I'm getting on a bit! He said that there's no problem with the standard of my work, but that it must be getting harder for me. I'm 50 now but I'm as fit as a fiddle and don't have any trouble lifting the machine at all. I don't want to work on the production line. Is this age discrimination?

Richard says:
It sounds like you are experiencing direct discrimination because of your age. Although it is ok for an employer to adapt work if someone's ability to carry it out changes, your boss should get medical advice about your fitness rather than make assumptions just based on your age.

You could try talking to your boss informally about the situation or if you've got a union rep ask them for advice. This may be enough to resolve things. If this doesn't work you may need to take a more formal route like raising a grievance or taking a case to an employment tribunal. You can read more about these options by using the links below. It is also a good idea to get advice. Find an adviser near you by clicking on the 'Get advice' box on the right hand side.

Can they make me go on a yearly contract?

Dear Richard
I work for quite a large charity. I have just turned 65 and have no plans to retire yet. I have been told I can continue to work but my contract must be changed. It has been changed to a yearly contract only. Can you please tell me if they are allowed to do this?

Richard says:
I presume that you want to continue working beyond 65 years and on your existing permanent contract, rather than the one year fixed term contract on offer.

Firstly, you will need to check: what is the normal retirement age (NRA) of the charity, the age at which workers are normally retired. If the NRA is over 65 years (say 70 years), then you can insist on working until 70 under your existing contract. Otherwise your employer may be breaking the terms of your contract. And if the only reason they are offering you a yearly contract is because you are 65, then this is direct discrimination and is illegal unless they can justify it.

However, if there is no NRA, then the charity can lawfully retire you at 65 years (the default retirement age), providing they go through the correct retirement procedure. If that happens you have the right to ask them to continue to work beyond 65 years; and then your employer can either refuse this request or accept it, with the condition that you go on a fixed term one year contract. Since employers can usually reject such requests to work beyond retirement age, the offer of a one year fixed term contract, after 65 years, is worth serious consideration.

Think you've been discriminated against at work or in training because of your age? Tell Richard your problem using the form at the bottom of the page. We'll do our best to answer all queries although we can only publish a selection on the site.

What you need to do firstly is to pin the charity down as to what exactly is the NRA of the organisation. Is it 65 years or higher? Check what your employment contract says. Are there other workers older than you and still working, now or in the past? The retirement procedure and your rights under the law are very complex. This advice is based on the limited information you have provided. I will need more information to advise you more comprehensively.

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.