Why This Matters — and Why Employers Keep Getting It Wrong
Age is a protected characteristic under the Equality Act 2010. Treating a worker differently — or less favourably — because of their age is unlawful direct discrimination. This applies not just to decisions about pay, promotion, or dismissal, but to how conversations are conducted and what assumptions are made about an individual's future intentions.
According to the Equality and Human Rights Commission, age discrimination remains one of the most common forms of workplace discrimination reported in the UK — and claims relating to retirement conversations have increased significantly as the workforce ages. The Office for National Statistics reports that more than 1.4 million people aged 65 and over are currently in employment in the UK, a number that has more than doubled over the past two decades. Employers who have not updated their management practices to reflect this reality are carrying significant legal risk.
"I was asked by my line manager three times in six months when I was planning to retire," said Margaret, 61, a senior project manager with 18 years of service. "Nobody else in my team was asked about their future plans. When I was later passed over for a promotion, I knew exactly why. The tribunal agreed."
What the Law Actually Says
Pressuring a worker to retire is likely to constitute age discrimination. And pressure does not have to be overt to be unlawful.
In some circumstances, simply asking a worker when they intend to retire can create unlawful pressure — even where no explicit consequence is implied. The question alone, asked in the wrong context or to the wrong person, can be sufficient to found a claim. Employers who assume this is an area where common sense is enough of a guide are consistently surprised by tribunal outcomes.
Key legal principles every employer must understand:
Workers cannot be required to disclose their retirement intentions Workers cannot be treated differently — formally or informally — because an employer suspects they may be planning to retire Decisions about training investment, project allocation, promotion, or redundancy selection made on the basis of age-related assumptions are unlawful regardless of whether a direct question was ever asked Combining a retirement question with a performance or attendance discussion is one of the highest-risk situations an employer can create — and is frequently cited in successful age discrimination claims What Employers Should Do Instead
The legally sound approach is not to avoid the subject of the future entirely. It is to hold regular career and development conversations with all workers — regardless of age — as a matter of consistent, documented practice.
Those conversations should cover:
What the worker would like to be doing in one year's time and in three years' time How they would like to develop their skills and experience What support the organisation can provide to help them achieve their goals Any changes to working patterns or responsibilities they would find beneficial Because these conversations apply equally to all workers at all career stages, they do not single out older employees and do not create the presumption that someone is being managed toward the door. Conducted well, they create an environment in which workers who are considering retirement feel comfortable raising the subject themselves — and that is the appropriate sequence. The worker introduces the subject. The employer responds supportively.
When the Employer Genuinely Needs to Know
There are circumstances where an employer has a legitimate business reason to understand workforce planning intentions — particularly for senior roles, specialist positions, or where succession planning requires significant lead time.
If an employer genuinely needs to raise this subject, the following conditions must be met:
It must be made entirely clear that there is no pressure to retire and no expectation that a decision should be made It must be framed as a planning conversation, not a performance conversation It must never be raised in the context of any discussion about performance concerns, attendance issues, or capability It must be documented carefully, with the framing and context clearly recorded The Consistent Treatment Principle
The clearest legal protection available to employers is consistent treatment across the workforce. If career development conversations happen for all workers at regular intervals, if future planning discussions apply equally regardless of age, and if no worker is singled out on the basis of age-related assumptions, the legal risk reduces significantly.
Practical steps every employer should take:
Introduce structured career conversations for all employees — not just those perceived to be approaching retirement Train line managers specifically on age discrimination law and what constitutes unlawful pressure Review your redundancy selection criteria to ensure age and length of service are not being used in ways that indirectly disadvantage older workers Document all career and development conversations consistently — keep records of topics covered and outcomes agreed Ensure HR reviews any conversation that touches on retirement plans before any subsequent employment decision is made about that worker Audit recent promotion, training, and project allocation decisions to check for patterns that could indicate age-related assumptions Your Action Plan
Review your organisation's current approach to career conversations and identify whether older workers are being treated differently Train all line managers on the Equality Act 2010 provisions relating to age Introduce a consistent, documented career conversation framework that applies to every worker regardless of age Never ask about retirement plans in the context of a performance, attendance, or capability discussion Seek HR or legal advice before raising the subject of retirement with any individual worker Access full employer guidance on managing workers approaching retirement, age discrimination obligations, and the redundancy process at 👉 https://myredundancyrights.co.uk/employer/process
The employers who handle this well are not the ones who avoid difficult conversations. They are the ones who have built a culture where those conversations happen fairly, consistently, and with genuine respect for every worker — at every stage of their career.