Home > EMPLOYMENT > AGE DISCRIMINATION IN RECRUITMENT AND SELECTION

This fact sheet will give you some basic information about your rights when applying for a job. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• How can I tell if a job advert is fair?
• What sort of thing would be unfair?
• How can I be sure the application form is fair?
• Is it ok for employers to say you must be a graduate?
• Do I get the same sort of protection if I am trying to get on a training course?
• How can I complain if I think I have been discriminated against because of my age?

How can I tell if a job advert is fair?

Job adverts now have to be worded and targeted very carefully to make sure they don't discriminate against people because of their age. Otherwise candidates who are rejected for a job may be able to use the advert to claim age discrimination.

This means adverts have to be targeted to a wide audience to ensure a variety of people apply. For example, advertising in a magazine read by a particular age group will probably only target that group. This could be indirect discrimination if the employer can't justify it.

What sort of thing would be unfair?

Employers also have to be careful about the words they use in adverts.

Employers also have to be careful about the words they use in adverts. Using words like "energetic", "dynamic" and "flexible" could suggest they are only looking for younger people. Instead the employer should only set out the skills needed to do the job in the advert.

In Ireland, Ryanair was successfully sued for age discrimination when it used the words "young and dynamic" in a job advert.

It might also be unfair for an advert to ask for a certain number of years experience to do the job, as this might exclude younger people.

How can I be sure the application form is fair?

It might be unfair if an application form asks you to fill in your date of birth or attach a photograph. This is why employers who want information about the ages of people applying for jobs should have separate and anonymous forms where you put your age.

Questions about the number of years experience you have could be an indirect way of finding out your age. If they ask this, employers will have to show that a specified amount of experience is a genuine requirement for the job.

It might also be unfair to ask people to pass a medical examination before they are employed, unless this can be fully justified.

Is it ok for employers to say you must be a graduate?

An employer asking for a graduate must be able to show the qualification is necessary for the job to ensure they are not just using it to specify a certain age range.

Do I get the same sort of protection if I am trying to get on a training course?

Yes. Training and education providers aren't allowed to set age limits for entry to training courses. If they do set an age limit, they must be able to justify it.

How can I complain if I think I have been discriminated against because of my age?

Normally you will have to complain to an Employment Tribunal within three months less one day from when the incident happened. These time limits are very strict, so you should get legal advice quickly. Any compensation will be related to any loss you actually suffered because of the discrimination. It could even take into account the chances of you having been offered the job if you hadn't been treated unfairly. And it might also cover any injury to feelings.