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(Possible) Age Discrimination

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Irisheart | 09:54 Tue 08th Nov 2022 | Career Advice
7 Answers
I will soon be going to apply for a post for my current employee (that’s why I’d prefer to remain anonymous). It’s actually the post I used to do (for 14 years) with some slightly added responsibility (mostly financial). I left the role around six years ago to work in the finance department as it happens so I think I would be ideal for the role ‘they’d be lucky to get you’ one of my colleagues said. However I applied about a year ago for another post in the same organisation- much lower grade but again I had done the role before and was unsuccessful (the rumour was had I been successful it would have left the finance department understaffed and with a new inexperienced team leader which the GM was nervous about). Realistically the only reason I won’t get the job is my age (60). So if that’s the case I would like to know if anyone has any experience of raising a grievance procedure on the grounds of age discrimination (it’s a local authority)
I found my union absolutely useless last time - they didn’t even respond to my call.
Now hopefully I will be successful and won’t need any advice but I would rather be forearmed
I’d be grateful for any advice
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As you say let’s hope you are successful and you don’t experience any discrimination.

Firstly make sure your date of birth is not on your application or on your CV. I know they know your age, but there is no need to reveal it for the benefit of anyone who doesn’t.

Also avoid emphasising the length of experience you have and instead describe your current and relevant skills and how you have kept up with current best practice.

Make sure your application is forward looking and not retrospective.

If you are unfortunately unsuccessful ask for feedback. It will be very difficult to prove direct discrimination to be honest but the feedback would be helpful.

Good luck hope it works out well for you fellow 60 year old!
To my mind it’s neigh on impossible to prove age discrimination based on a single job application, unless they tell you that you didn’t get the job because of your age.

You still have at least 6 years until you collect your State pension, many younger employees will not stay in a job that long.
Does your current section manager need to confirm you would be released if you were successful?
To be blunt, as Hymie has pointed out, there's zero chance of bringing a discrimination claim based on one interview. All they have to say, if accused, is that you weren't the best candidate.
Age discrimination almost impossible to prove, unless they specifically say so (which is unlikely as they will be fully alert to such a danger). One slightly risky approach might be to try to lure one of the interview panel (assuming you get an interview) into mentioning it, but I expect there'll be a HR rep present to deflect that.

Good luck, I hope you don't get a rejection on any grounds.
What does, or does not, count as age discrimination is indicated here:
https://www.equalityhumanrights.com/en/advice-and-guidance/age-discrimination

However, as others have said, it's incredibly hard to prove age discrimination, which even the the Equality and Human Rights Commission seems to accept.

For example, when I was unemployed and job-hunting, I saw a vacancy advertised for a post that almost exactly matched my qualifications and experience. The newspaper ad stated that the employer was looking for a graduate, which was no problem for me as I've got an honours degree in mathematics. However when I sent off for the application package, I noticed that 'graduate' had been replaced by 'recent graduate'. I wrote to EHRC, stating that I felt the employer was using age discrimination because it was far more likely that a person in their twenties would be a 'recent' graduate than someone like me, who was in his fifties.

The EHRC wrote back to say that they fully agreed with me that the employer appeared to be discriminating on the grounds of age but they felt that they would be powerless to act because of the difficulty in proving it.

So even getting the EHRC to agree with you that you're being discriminated against on the grounds of age probably isn't going to help you.

Sorry!
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Thanks for all your help
It’s just frustrating as I know there cannot possibly be anyone with my specific experience in the role (for 14 years) and within the organisation (29 years albeit in different departments).
Anyway I will just have to wait and see - if I am unsuccessful I will certainly pursue it

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