Is it acceptable to ask a potential employee their age?

crispsandwich

My girlfriend manages a bakery and has recently advertised a full-time position. A couple of days ago she had an interview with a lady who criticised her for asking her age over the telephone prior to the interview (my girlfriend needed to know she was over 18). The interviewee said that my girlfriend could be asking her so she could discriminate against her. She also had a go because my girlfriend was a couple of minuites late and did not leave a note for her at the meeting place to say she would be late.

Needless to say, she did not get the job, but she has left my girlfriend worried about her abilities as a manager. She hasn't been manager longer than a couple of months.

I've told my g/f to relax and that such a pushy employee would probably be a nightmare anyway. This lady was a good few years older than my g/f and I do wonder if that was a factor. If I'd had a pound for the amount of times I'd been told 'I'm older and have more experience than you; do what I say' during my working life I'd be very rich.

Is it acceptable to ask someone their age before interviewing them? Or should she have just asked if they were over 18? The way I see it, it really doesn't matter - the date of birth goes on any application forms anyway.

hellokitty08

No its not acceptable. she should have phrased it differently, she should have said why they needed someone aged 18+ and then she would only be able to do so it it was an objective justification (i.e allowed by law) There are very strict criteria. She should say, i need to make sure that you are over 18 to be considered for this vacancy as we are exempt from the Equal Opportunities age regulations on the grounds of .............. That would have been ok. It would not be acceptable to ask the age or if they were over 18 unless she has a legal reason for doing so e.g working hours or times etc. Which she must explain first.

fiscalfreckles

But surely if the applicant had filled in an application form they would have had to state their date of birth?

crispsandwich

That sounds good. Thanks for that. She did say that from now on she will just ask if they are 18+ as they cannot offer the job to anyone below that age. It makes more sense as it leaves no room for discrimination. My girlfriend did find someone more suitable for the position but I really hope that this person does not complain about not getting the job because my g/f asked about her age.

The applicant did not fill in an application form. My g/f needs staff urgently and so is conducting interviews and going through CVs. The application form is a formality if the CV and interview go well (as far as I know anyway).

hellokitty08

The important thing to remember is that she must explain why she can not consider people under the age of 18.

Conor_3

She wants to make sure she isn't breaking the Age Discrimination laws which came out last year.

Debras_Angel

fiscalfreckles wrote: »

But surely if the applicant had filled in an application form they would have had to state their date of birth?

You do not have to include your date of birth anymore, but if it's a by law regulated job then you would have to give the details if asked.

Cheers

Debs

barrymung

As Debras Angel said.

However, when I apply for jobs I always state my DOB. That way, if an employer really wants to know how old I am then they can work it out.

At the end of the day do I really want to work with an employer who's got a problem with my age, whether it's legal to discriminate or not?

clairec79

Most employers get a rough idea from your NI number anyway - starts with a J late 20s, early 30s. Ps are late teens early 20s etc

juno

clairec79 wrote: »

Most employers get a rough idea from your NI number anyway - starts with a J late 20s, early 30s. Ps are late teens early 20s etc

Well I'm a J and early 20s, so that ruins your theory

Errata

It's not acceptable to ask nor is is necessary. Intelligent employers look at the dates candidates attended school and figure things out for themselves.