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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My employer has stopped me from doing a part of the work I

Resolved Question:

My employer has stopped me from doing a part of the work I have been doing for 11 years. I am 64, and they expect me to take a bus driving test, when they have no legal basis to claim that my current license entitlement does not permit me to carry out all that I have been doing for the whole time they have employed me. Do I have any grounds to insist that because there has been no change in the relevant regulation that they continue to employ me on the terms of my contract? Thank you for your consideration to this matter ECB
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

Hi thanks for your question. My name is ***** ***** I can assist with this.

It loos like, from your question, that you think there might be an issue relating to age discrimination here. It seems like you think they might be treating your less favourably by requiring these tests and so on because you're almost at the "historical" retirement age.

An employer cannot treat somebody less favourably due to age unless it's possible to objectively justify it. For example, if somebody does drive machinery, and there is reason to believe that they become less able to do so as they get older, then it may be possible to justify requiring them to undertake further tests.

If, however, in your case there is no reason to believe anything has changed, as appears the case, then there is no obvious reason to suggest a test is needed, other than you're approaching 65. As such, it could be that you're being subjected to unlawful age discrimination.

If you cannot resolve matters, then you would have the right, within 3 months of them treading you less favourably (i.e. by asking you to take the test), to bring a complaint in the Employment Tribunal.

Hope this helps answer your question. If so, please do remember to rate the answer for me. If you wish to clarify any part of this answer, please let me know.

Regards

Tony

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