If you are recruiting for a vacancy, it is illegal for an organisation to discriminate against a candidate due to their age.  To that this and others forms of discrimination do not take place during recruitment, a tight recruitment and selection policy and procedure should be put in place.

At present, the UK retirement age is 65.  Organisations cannot force an employee under the age of 65 to retire, and employees approaching the age of 65 have the right to request to work beyond 65.

However, this law is under review, and from April 2011 onwards, there will be no compulsory retirement age and organisations will not be able to force employees to retire at any age.

Due to these amendments to the law, organisations need to consider the impact this will have on their policies and procedures.  Particularly those relating to retirement and discrimination.

It is also important that employees approaching 65 are aware of their rights with regards to retirement and continuing to work beyond 65. 

As this amendment to the law will also effect employees pensions, it will be considered best practice to provide training and advice to employees who these changes will initially effect.  It is also crucial that all employees dealing with the retirement process are trained with regards to the new laws and regulations.

You may still request a date of birth from applicants applying for vacancies, however it is important that this information does not have any impact on who you choose to appoint.  Prospective employees along with current employees will be protected with regards to age discrimination and employment law rights.