Why it’s ageist to ask worker in 60s: When will you be retiring?

ASKING a worker in their 60s when they are going to retire is age discrimination, a tribunal has ruled.

An employment judge said it is not a question someone 30 years younger would be asked and it amounts to ‘unfavourable treatment’.

The ruling came after civil servant ian Tapping sued his employer, the Ministry of defence, for age discrimination.

Mr Tapping, who is in his 60s, had complained about his treatment at work and worried he would lose his job.

his plans for retirement were raised during a meeting with human resources staff. The Mod claimed that the question was necessary to manage workers and plan for hiring new employees.

however, Judge James Bax ruled it was ‘unreasonable’ as Mr Tapping had shown no indication of wanting to leave his job. he said the retirement suggestion from the Mod was a ‘means of removing the aggrieved person from the problem.’ The judge said: ‘Mr Tapping was in his 60s and therefore he was someone who could be considered to be entitled to start drawing on a pension at that time or in the relatively near future. A person in their 30s would not be in such a position as they would not be able to take a pension at that age.

‘Mr Tapping was concerned about his career and had shown no indication of wanting to leave his job. in the circumstances of someone who wanted to know that his position was secure, it was unreasonable to ask him to consider when he intended to retire.’

Mr Tapping is now in line for compensation. The tribunal heard he was a project manager dealing with the interaction of military and civilian aircraft.

While signed off work with stress in 2018, Mr Tapping spoke to an HR worker about instigating a bullying and harassment claim. The tribunal said: ‘Mr Tapping’s witness statement referred to her asking questions to infer he was a reluctant worker and that she introduced a question as to when he was going to retire.

‘he informed her he had no retirement plan but had assumed it would be his 67th birthday. Mr Tapping’s evidence was that he was upset by the comment and did not think a 35-year-old would have been asked the question.’

Mr Tapping, who is thought to live in the Bristol area, eventually resigned last year and sued the Mod.

Judge Bax said: ‘Suggesting that someone retires and leaves is not a solution to the subject matter of the grievance – it is a means of removing the aggrieved person from the problem.’

he ruled that Mr Tapping was ‘treated less favourably on the grounds of his age’.

‘Treated less favourably’