The age regulations apply to all job applicants and workers, including agency and contract workers, office holders (such as public appointments), the police, barristers and members of the armed forces. So whether or not you are described as an ‘employee’ or have a written contract of employment, you are likely to be covered if you apply for or carry out paid work for someone else. However, the age regulations do not prohibit an employer discriminating against an employee job applicant by refusing to employ them because they are (or are within 6 months of reaching) 65 or above or the employer’s normal retirement age.
Under the age regulations, you may also challenge age discrimination against you by a university, college or a training provider or a qualification body or trade association (including a trade union). Providing courses that are only open to those under 25, for example, may be unlawful age discrimination unless the course provider can provide a good reason to do so that will stand up to legal testing. If a student on an education or training course has a claim under the age regulations, this must be made to the County Court and not to an employment tribunal.
