Too young

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.

She said 'my time would come'

Dear Richard
I'm a 20 year old student who also works part time with one of the large fashion retailers. I've noticed that older less experienced staff who have not had shopfloor experience get promoted to trend buyers over me. I work hard and have indicated on several occasions I would like the opportunity to move to buying but I seem to be passed over every time a vacancy has opened in the buying department. I asked my supervisor once but she said my time would come. Do you think it could be because of my age?

Richard says:
The first thing to check is whether your experience on the shop floor is relevant to being a trend buyer. It is unusual for a younger person to have more experience than older workers. The problem may be that although you have experience you don't have the right experience to be a trend buyer.

However, a good employer should set out the promotion criteria and have work performance appraisals (with training) to identify good promotion candidates, rather than making ageist assumptions, for example, that trend buyers should be older.

If you are being passed over because of your age this is direct discrimination. Your employer could justify it by saying that trend buyers need to be older because the trend sellers want and expect to deal with older people but this defence is unlikely to succeed.

On the other hand, they could be discriminating against you because you have too much experience. The company may try to justify this by arguing that you might get bored with the job because you have too much experience but again this is not a very good defence.

There is a possibility that you're being discriminated against because you are a part time worker and the older workers are full time. The law protects part time workers against discrimination, too. You could bring both an age and part time workers claim.

So, to answer your question, the reason you're not getting promoted could be to do with your age, or it might be because you're part time, or it may simply be because you don't have the relevant experience. If you want to take it further you could ask for another chat with your supervisor, asking why you've not been promoted. If you're not happy with what she says you could go down a more formal route. You can read more about the formal grievance procedure by reading our guide in the box on the right hand side 'How to use the grievance procedure'.

Don't employers realise what they're missing out on?

Dear Richard
My friend's son is 19 years old. He applied for a job at one company which would mean training for two years, they told him he was too old! He then applied for another job and was told he was too young and needed more experience! How can the poor chap get experience if he will not be given the chance in the first place, and how on earth can one be too old at 19! The people running these companies must be totally barmy to say the least. Surely any level headed person knows that young and older people are a good mix together and make for a healthier environment anyway! The old saying too much of anything is not good for you really applies to people as well. Working with experienced older people can help younger ones develop and feel that they have the support they need - younger people can bring in fresh ideas and fun to any working environment. What can we do to stop this idiotic silliness?

Richard says:
Your friend's son is facing discrimination as a young person, people whom the new laws are designed to protect. Regrettably, employers do make ageist assumptions about young people not having experience or not being loyal employees. It will take time to overcome these prejudiced attitudes. A good employer however should specify what experience they actually need, rather than using the blanket term 'experience' as a barrier to finding work, because many young people do have the necessary skills and competence, notwithstanding their age. Insisting on blanket experience may be unlawful indirect discrimination against young people, something employers would have to justify. My advice is for your friend's son to keep looking for work and not to be discouraged, and to impress upon the employer that with training and support he could be an asset to that organisation.

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