Website of the UK government
Please note that this website has a UK government accesskeys system.
Main menu
Page menu
Pensions and retirement planning
Changes to age discrimination for over 50s
New regulations came into force on 1 October 2006 that make it unlawful for employers to discriminate against workers on the grounds of age. The laws mean workers of all ages have an equal chance of training and promotion in England, Wales and Scotland.
New age discrimination regulations
The regulations provide protection against age discrimination in employment, training and adult education, for workers of any age.
It is unlawful for employers, on the grounds of age, to:
- deny someone employment
- dismiss someone
- refuse to provide training
- deny someone a promotion
- retire an employee before the employer's usual retirement age (if there is one) or retire an employee before the default retirement age of 65 without an objective justification
The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 474747 from 8.00 am to 6.00 pm Monday to Friday.
What the new regulations mean for over 50s
It is unlawful for your employer to discriminate against you because you are over 50, unless they can justify their actions, or it is covered by one of the exemptions included in the new law.
Your pay and benefits should be based on your skills and not your age. The new law contains exemptions for benefits based on length of service. Upper age limits on unfair dismissal and redundancy are removed. Retirement at the age of 65 will be a fair reason for dismissal as long as the proper procedures are followed.
Training providers cannot discriminate against you because of your age. Your employer also cannot prevent you from going on vocational training or courses if you are over 50, unless they can provide an objective reason.
The law provides for a default retirement age of 65. Compulsory retirement below 65 is unlawful unless your employer can provide an objective reason. The new law does not affect the State Pension age.
Exemptions
There are limited exemptions under the law where employers may be able to discriminate on the grounds of age.
For example, an employer can:
- set an age requirement for a job if a characteristic related to age is a genuine requirement of the job
- target recruitment advertising at over 50s to compensate for disadvantages experienced because of age
An employer may refuse to employ you if you are over 65, or over the employer's normal retirement age, without having to justify it.
Unpaid volunteering is not covered unless it is part of a training course.
Recruitment for over 65s
Employers can refuse to hire you if you're over 65 or over the employer's normal retirement age, whichever is the higher, without having to justify this. They can also refuse to consider an application from anyone who applies for a job within six months of their 65th birthday (or the employer's normal retirement age, if this is over 65).
Working beyond retirement
It is unlawful for your employer to force you to retire against your wishes before age 65, except where your employer can objectively justify the earlier retirement age.
Employees have the 'right to request' to work beyond the default retirement age or any other retirement age set by their employer. The employer has to consider the request seriously.
Employers must inform employees in writing, at least six months in advance, of their intended retirement date to help older employees plan better for retirement.
More useful links
Additional links
An extra £140 per month...
You could be missing out on more than £2000 a year by not claiming Working Tax Credit
