Refused job for being too old - is this legal

erskineman

I retired several years ago from my long term job, but I’ve done temporary work since then as I’m fit and healthy and enjoy working. I’ve done mostly delivery work since retiring.

Recently I applied for a job as a self employed courier for a company who deliver for Amazon.

i did all the formalities with them,  including a dbs check and was ready to start delivering when I received an unexpected message from them this afternoon saying : 

“Hi Erskineman, I have looked at your CV again and realised your age and think this position wouldn't suit you, therefore I'm sorry i will have to decline your application good luck for the future.”

I know, being in my 60s, that I’m no spring chicken but this hit me for 6 this afternoon. I’m assuming they can legally do this for self employed jobs! Can anyone advise?

FlorayG

It's discrimination but good luck trying to actually do anything about it and they know that. Cheeky to actually put the true reason in there though they usually make up something you can't argue about

NCC1701-A

erskineman said:

I retired several years ago from my long term job, but I’ve done temporary work since then as I’m fit and healthy and enjoy working. I’ve done mostly delivery work since retiring.

Recently I applied for a job as a self employed courier for a company who deliver for Amazon.

i did all the formalities with them,  including a dbs check and was ready to start delivering when I received an unexpected message from them this afternoon saying : 

“Hi Erskineman, I have looked at your CV again and realised your age and think this position wouldn't suit you, therefore I'm sorry i will have to decline your application good luck for the future.”

I know, being in my 60s, that I’m no spring chicken but this hit me for 6 this afternoon. I’m assuming they can legally do this for self employed jobs! Can anyone advise?

Sounds quite unlawful to me.

Maybe speak to ACAS about bringing a claim against them.

https://www.equalityhumanrights.com/equality/equality-act-2010/your-rights-under-equality-act-2010/age-discrimination

Devongardener

One the face of it this could be considered age discrimination but in reality employers can say that they apply capability criteria, especially the ability to do a job such as driving. 

elsien

I'd be tempted to message them back, referencing the age discrimination under the equality act and asking them to clarify exactly how they have objectively measured that your age is a relevant factor in turning you down, when you had already been offered the position having passed all the relevant checks.  As a starting point. 
It probably won't get you anywhere except for the satisfaction of making them squirm and they will be more careful in their messages in the future - you could take legal advice if you get any sort of further answer from them it's likely to be a lot of hassle to probably little effect - there are no set wages to quantify what the impact of being turned down might be. 

Marcon

erskineman said:

I retired several years ago from my long term job, but I’ve done temporary work since then as I’m fit and healthy and enjoy working. I’ve done mostly delivery work since retiring.

Recently I applied for a job as a self employed courier for a company who deliver for Amazon.

i did all the formalities with them,  including a dbs check and was ready to start delivering when I received an unexpected message from them this afternoon saying : 

“Hi Erskineman, I have looked at your CV again and realised your age and think this position wouldn't suit you, therefore I'm sorry i will have to decline your application good luck for the future.”

I know, being in my 60s, that I’m no spring chicken but this hit me for 6 this afternoon. I’m assuming they can legally do this for self employed jobs! Can anyone advise?

They most certainly can't reject your application on grounds of age alone - Equality Act 2010 applies to the self employed as well as employees. 

Given the emphasis on getting older workers back to the workplace, I think this might be one of the those occasions where making a complaint is entirely justified. I'd reply to the message asking them how this is lawful under the provisions of the Equality Act 2010 - and copy in your local MP on the face of your reply.

Grumpy_chap

Marcon said:

I'd reply to the message asking them how this is lawful under the provisions of the Equality Act 2010 - and copy in your local MP on the face of your reply.

Challenge to the response is appropriate.
A certain amount of tact is probably required if the desired outcome is to still secure the employment and functional working relationship.
Copying an MP may not be conducive to a functional working relationship with the employer.

Marcon

Grumpy_chap said:

Marcon said:

I'd reply to the message asking them how this is lawful under the provisions of the Equality Act 2010 - and copy in your local MP on the face of your reply.

Challenge to the response is appropriate.
A certain amount of tact is probably required if the desired outcome is to still secure the employment and functional working relationship.
Copying an MP may not be conducive to a functional working relationship with the employer.

There isn't going to be any sort of working relationship with a (potential) employer (OK, I know it's self employed) like this, so nothing to lose.

badmemory

How near your 70s are you.  You lose the right to drive some vehicles once you hit 70.

elsien

Although you do have the option to reapply for those to go back on the licence. 

badmemory

You do indeed it is just a pity they don't tell you they have removed them, especially as they ask you to return your old one so can't check the codes.