Asking an employee in their 60s when they are going to retire is age discrimination, an Employment Tribunal has ruled. Judge James Bax found that, because a 30-year-old would not be asked about their plans to stop work, raising the prospect of retirement to someone approaching pensionable age - i.e. asking if they want to continue working - is “unfavourable treatment”.

The Tribunal found in favour of Ian Tapping, a civil servant in his 60s who brought his former employer, the Ministry of Defence (MoD), to court. The case came about when Mr Tapping raised a grievance against bosses. While having a meeting with HR to discuss his concerns for his job, he was asked when he planned to retire.

The MoD claimed the question was necessary in order for HR to keep on top of hiring and management of staff, but Judge Bax ruled it was “unreasonable” to ask Mr Tapping about whether he would retire as he had shown no indication of wanting to leave his job. The judge ruled the retirement suggestion was a “means of removing the aggrieved person from the problem”.

Discrimination does not just apply to so-called ‘old’ age; it can affect all age groups. Discrimination can occur when someone’s age is considered a factor in a work-related scenario.

Judge Bax 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 awaiting compensation.