Retirement: Asking someone in their 60s when they plan to retire ruled as age discrimination by tribunal judge

An employment tribunal has rules that asking someone in their 60s when they plan to retire is a form of discrimination.

A civil servant sued the Ministry of Defence for unfair treatment, claiming they discriminated against him due to his age.

Ian Tapping who was a project manager working as part of the RAF's Air Information Documents Unit said he was worried he would lose his job while in a meeting with Human Resources.

The Ministry of Defence countered his argument, stating that the information was necessary in order for them to effectively manage their workforce and plan for future recruitment.

Employment Judge James Bax ruled against them, he said a 30-year-old would not be asked about their pension plans and therefore it is “unfavourable treatment” to do the same to someone in their 60s and that it was a “means of removing the aggrieved person from the problem”.

Judge Bax continued: “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 was in a situation where he had raised a grievance and was very concerned about his employment with the MOD.

“Suggesting that someone retires and leaves is not a solution to the subject matter of the grievance, it is a means of removing the aggrieved person from the problem.

“The MOD relied upon a defence of justification and in particular the aim or need to effectively manage staff and ensure effective succession planning.

“For someone who is seeking reassurance that their position and employment is safe, it is not reasonably necessary and therefore proportionate to ask if they are considering leaving.”