Guide: LEG11 Older Workers Guide by Age Scotland

The Older Worker’s Guide

Who we are

Age Scotland is the Scottish charity for older people. We work to improve the lives of everyone over the age of 50 and promote their rights and interests.

Our vision is a Scotland which is the best place in the world to grow older.

Our mission is to inspire, involve and empower older people in Scotland, and influence others, so that people enjoy better later lives.

We have three strategic aims:

We help older people to be as well as they can be

We promote a positive view of ageing and later life

We tackle loneliness and isolation

How we can help

We know that growing older doesn’t come with a manual. Later life can bring changes and opportunities to your life and you may need to know about rights, organisations and services which are unfamiliar to you.

That’s why we provide free information and advice to help you on a range of topics including benefits and entitlements, social care, legal issues such as Power of Attorney, housing and much more. All of our guides are available to download for free from our website, or you can contact our helpline team to have copies posted to you for free.

Our helpline is a free, confidential phone service for older people, their carers and families in Scotland looking for information and advice.

Later life can bring times when you just need someone to talk to. Our friendship line is part of our wider helpline and older people can call us for a chat. We’re here to listen, provide friendship and offer support.

This information guide has been prepared by Age Scotland and contains general advice only. It should not be relied upon as a basis for any decision or action, nor used as a substitute for professional advice. Neither Age Scotland nor any of its subsidiary companies or charities accepts any liability arising from its use and it is the reader’s sole responsibility to ensure any information is up to date and accurate.

Please note that the inclusion of named agencies, websites, companies, products, services or publications in this information guide does not constitute a recommendation or endorsement by Age Scotland or any of its subsidiary companies or charities.

Introduction

A satisfying job can help you to have good physical health and mental well-being and to stay socially connected as you get older. But working in later life may also present challenges. Your ability to work may be affected in later life. Older workers are more likely to be affected by health problems or disability, or to have caring responsibilities.

For most professions there has been no fixed retirement age since 2011, and choosing the right time to retire can be complex. State Pension age is being increased from 66 a little at a time, until it reaches 67 in March 2028. For many people this will mean working into their late 60s.

To check your State Pension age, visit gov.uk/state-pension-age or call the Age Scotland helpline if you cannot access the internet.

This guide provides basic information about the rights and issues most likely to affect older employees. It does not cover complaints, grievances and tribunals, or the rights of off-shore workers, the armed forces, police or firefighters.

For more detailed information about your rights, contact: Citizens Advice Scotland www.cas.org.uk / 0800 028 1456 ACAS - the Advisory, Conciliation and

www.acas.org.uk / 0300 123 1100

Basic rights of employees

Employees have the right to:

• Be given a contract of employment within one month of employment, and from April 2020, a written statement of basic terms of employment on or before the first day of work. This should include job description, rate of pay, hours and place of work, holiday entitlement and notice periods. If an employer wants to change any of these details, they should consult the employee first. They must provide a written statement of the agreed changes no later than one month after the changes are put in place.

• Be paid for the work they do, at or above the National Living Wage. This changes in April each year. Current rates can be found at gov.uk/national-minimum-wage-rates. All workers have the right to a regular payslip showing pay before tax, take-home pay and the amount of any deductions, such as National Insurance and pension contributions.

• A safe and healthy working environment, with procedures and equipment for first aid and fire safety. Employers must make sure the workplace is safe and provide training to deal with workplace risks. Workers must also play their part in keeping themselves and the workplace safe.

• Limits to working hours. There are rules about maximum working hours and rest breaks, including 20-minute breaks every 6 hours, and an 11-hour break each 24-hour period. There are some exceptions in specific professions. For more information visit www.gov.uk/maximum-weekly-working-hours.

• Paid holidays: full-time employees are entitled to 28 days holiday leave each year at their normal rate of pay. Part-time employees are entitled to holiday in proportion to their hours of work.

• Carer’s leave: the Carer’s Leave Act 2023, which came into effect on 6 April 2024, entitles employees with caring responsibilities (outwith childcare) to up to five days of unpaid leave per year. These can be taken as full or half days, or all at once.

• Receive sick pay: if you are not well enough to work, it is important to follow your employer’s sickness procedures. As of April 2026, most employees are entitled to Statutory Sick Pay from their first day of sickness. The amount changes each year in April. Current rates can be found at gov.uk/statutory-sick-pay. Many employers will pay company sick pay on top of this. If your income reduces because you are off sick, you should get advice about benefits you may be entitled to claim. You should also get advice if your employer tells you they want to end your contract because you are unwell; they may only do this under certain circumstances.

• Be protected from unfair dismissal or unfair redundancy: the rules about fair and unfair dismissal and redundancy are very complicated and your employer must follow proper processes. It is important to know that if you want to raise a grievance about an unfair dismissal, you will only have three months to do this from the last day of your employment. If your employer plans to dismiss you or is consulting you about redundancy you should get expert advice. Contact Citizens Advice Scotland www.cas.org.uk / 0800 028 1456, or ACAS www.acas.org.uk / 0300 123 1100.

• Be given notice of the end of their employment. Employees must be given at least one week’s notice after a month of service. After two years of continuous employment, this increases by one week per year, up to a maximum of 12 weeks’ notice.

• Request flexible working: all employees have the right to ask for flexible working from the first day of their employment, by making a statutory request for flexible working. This could be particularly helpful for carers or people living with a long-term health condition or disability.

Examples of flexible working arrangements include:

• working from home

• part-time working

• working weekly hours over fewer days (compressed hours)

• working annual hours over fewer days (annualised hours)

• changing start and finish times.

Employers must consider and respond to requests within 2 months, unless otherwise agreed. They must provide a good business reason for refusing a request.

Information on how to submit a statutory request for flexible working is available at www.gov.uk/flexible-working. You can also contact ACAS on 0300 123 1100.

• Have a workplace pension: a workplace pension is arranged by your employer. In Scotland, all employers must contribute to workplace pensions on behalf of their employees. You can opt out of your workplace pension if you wish. See page 13 for more information. You can also call the MoneyHelper pensions helpline on 0800 011 3797 or visit www.moneyhelper.org.uk.

Trade unions

The purpose of trade unions is to support the rights of workers. One of these rights is to become a member of a trade union.

Among other functions, trade unions can provide advice to their members about situations that arise in the workplace. If you decide to join a trade union, it is best to choose one that specialises in the type of work you are doing.

Some companies and organisations are unionised, which means the organisation has agreed to work with a specific trade union. You can choose to join the same union if you want to, but you are also entitled to join a different union, or no union at all.

If you do join the trade union associated with your workplace, a representative will be chosen to speak to the union on your behalf about any issues that arise.

To find out more about trade unions and how to join one, contact STUC, Scotland’s Trade Union Centre on 0141 337 8100 or visit www.stuc.org.uk.

Protection from discrimination

You have the right to protection from unfair discrimination at work, regardless of the size of the business you work for.

The Equality Act 2010 sets out nine ‘protected characteristics’ which are:

• Age

• Race

• Sex

• Sexual orientation

• Disability

• Religion or belief

• Gender reassignment

• Pregnancy or new baby

• Marriage or civil partnership

Unfairly discriminating against an employee on the basis of one or more of these characteristics is unlawful.

Discrimination can be direct or indirect. Direct discrimination is unfair treatment because of a protected characteristic, for example missing out on promotion because of your age.

Indirect discrimination is when a rule that applies to everyone creates a disadvantage for some employees because of a protected characteristic. For example, a company policy that all staff take their break at a set time discriminates against people requiring regular breaks due to a disability.

An employer must be able to justify policies that cause indirect discrimination. For example, there may be a clear business need or a health and safety reason for the policy.

If you are experiencing discrimination at work, it is generally best to get expert advice about your rights before speaking to your employer. You could contact your trade union if you have one, or seek advice from:

Citizens Advice Scotland - free and impartial advice on many issues, including employment rights.

www.cas.org.uk / 0800 028 1456.

ACAS - the Advisory, Conciliation and Arbitration Servicefree and impartial advice on employment rights and resolving workplace conflict. ACAS also offers training courses and can provide mediation services. www.acas.org.uk / 0300 123 1100.

Age discrimination

Age discrimination is when you are treated unfairly because of your age. An employer can only make a decision based on an employee’s age if this can be clearly justified.

Unfair treatment could include being overlooked for promotion or training, or being excluded from meetings or conversations. Employers should also make sure that their recruitment processes and working practices do not disadvantage applicants because of their age.

An employer cannot force you to retire at a specific age, although there are some exceptions in specific professions.

ACAS provides more information about age discrimination in the workplace. www.acas.org.uk/age-discrimination / 0300 123 1100.

Disability discrimination

Under the Equality Act 2010, a disability is a ‘physical or mental impairment that has a substantial and long-term adverse effect on someone’s ability to carry out normal day-to-day activities.’

Employers have a duty to make ‘reasonable adjustments’ for an employee with a disability so they are not disadvantaged in the workplace.

What is ‘reasonable’ will depend on the size and resources of the employer and how practical and effective the adjustments would be.

ACAS provides information about reasonable adjustments at work. www.acas.org.uk/reasonable-adjustments / 0300 123 1100.

If you have a disability, you may qualify for benefits such as Adult Disability Payment or Pension Age Disability Payment. Call the Age Scotland helpline on 0800 12 44 222 to find out more.

Carers and discrimination

The Equality Act 2010 protects people from discrimination because of a protected characteristic of someone they are associated with. This includes employees providing unpaid care for someone with a disability.

Carer Positive provides information on how employers can support unpaid carers. www.carerpositive.org / 0141 378 1065.

Our Guide for Adult Carers provides details of the support available to unpaid carers and their rights.

To order a copy, call the Age Scotland helpline on 0800 12 44 222 or visit www.age.scot/information.

Planning ahead

You should start to plan for later working life and retirement as early as you can. If you wish to retire, you will need to think about when would suit you, personally and financially.

You can discuss possible retirement dates with your employer without committing yourself to retiring. They cannot hold you to a date until you give them formal written notice.

If your job is enjoyable and satisfying, you may not want to stop working. Research indicates that fulfilling work can help people to maintain their health and well-being as they age.

Changing your working conditions

Some people choose to reduce their hours as they get older to make work more manageable. This could be part of a phased retirement, or as a way of continuing to work for longer. It is a good idea to check how this would affect your income and pension contributions.

MoneyHelper can provide advice on your individual situation. www.moneyhelper.org.uk/pensions-and-retirement / 0800 011 3797.

If you would like to reduce your hours, you can make a statutory request for flexible working. You can also request other changes to the way you work, such as where and when you do your hours. See page 4 for more information.

You should get advice if you want to reduce your hours due to a disability or being an unpaid carer. Employers must make reasonable adjustments to help you continue your employment.

For more information on reasonable adjustments, contact ACAS: www.acas.org.uk/reasonable-adjustments / 0300 123 1100.

Money matters in later life

For many people, the right time to retire depends on their finances. It is important to work out your potential retirement income and compare this to your monthly costs and spending. Our Money Matters guide provides a simple budgeting sheet if you are not sure where to start.

Your State Pension and workplace pensions are taxable, so you should check how tax will affect your income and also any savings you have.

Money Matters

Tax Help for Older People provides free advice for people over 60 on a lower income (£20,000 or less per year before tax and other deductions). www.taxvol.org.uk / 01308 488 066.

Tax Advice Scot, provided by Advice Direct Scotland, can also help. Visit taxadvice.scot or call 0800 756 3381.

You may also have income from savings, investments and personal pensions. If you have substantial savings and investments, you should speak to an independent financial adviser about how to make best use of them.

Contact MoneyHelper for help finding the right adviser. www.moneyhelper.org.uk / 0800 138 7777.

If you have a mortgage, now might be a good time to get financial advice on whether and how to pay it off. If you have debts, you should speak to an independent debt adviser for advice about your options.

You may be entitled to certain benefits, for example if you have a low income, are an unpaid carer or are living with a disability. Our Benefits Maze guide explains the different benefits available.

To check which you qualify for, visit age.scot/benefitscalculator or call the Age Scotland helpline on 0800 12 44 222 to book a free benefit check.

MoneyHelper can provide advice on when to retire based on your income, taxes and your future eligibility for benefits. www.moneyhelper.org.uk/pensions-and-retirement / 0800 011 3797.

Get to know your pensions

State Pension

You can start claiming your State Pension as soon as you reach your State Pension age. You don’t have to stop work when you get your State Pension. However, because your State Pension is taxable, you may pay more tax overall if you are still working when you start to claim it.

State Pension is being increased from 66 a little at a time, until it reaches 67 in March 2028. You can check your State Pension age at www.gov.uk/state-pension-age or call the Age Scotland helpline if you cannot access the internet.

You do not have to claim your State Pension as soon as you qualify. If you defer claiming your State Pension, you can claim a higher amount later.

The amount of State Pension you are entitled to depends on your National Insurance contributions and credits, and sometimes those of your spouse. You can check your State Pension forecast at www.gov.uk/check-state-pension. If you are more than 30 days from qualifying for your State Pension, you can ask the Future Pension Centre to send you a State Pension forecast in the post. Call them on 0800 731 0175.

Private pensions

Workplace pensions

Most workers in the UK are entitled to be automatically enrolled in a workplace pension. You will not have a workplace pension if you are self-employed or have opted out of the workplace pension offered by your employer.

There are two main types of workplace pension:

• Defined benefit pensions will give you guaranteed payments for the rest of your life, based on either your final salary or your career-average salary at retirement.

• Defined contribution pensions give you a pension pot that you can use to buy a retirement income. The amount in this pot depends on how much you and your employer have contributed, and how well the pension provider’s investments have performed.

You can choose to access the money in a defined contribution pension pot from the age of 55, increasing to 57 in 2028, whether you have stopped working or not. This money is intended to last you through retirement so you should get advice before accessing it.

The Pension Wise service from MoneyHelper offers free advice about defined contribution pensions for people aged 50 or over. Visit www.moneyhelper.org.uk/pension-wise or call 0800 011 3797.

Many people will have had more than one employer and will have more than one workplace pension. The Government offers a free Pension Tracing Service. www.gov.uk/find-pension-contact-details / 0800 731 0193.

Personal pensions

You will only have a personal pension if you have set one up yourself. Personal pensions are usually defined contribution pensions. You can get tax relief from HMRC on the money you invest in a personal pension. Many pension providers claim this tax relief on your behalf, but you may need to claim this yourself. For more information visit www.gov.uk/tax-on-your-private-pension or call

MoneyHelper on 0800 011 3797.

The Pension Wise service from MoneyHelper offers free advice about defined contribution pensions for people aged 50 or over. www.moneyhelper.org.uk/pension-wise / 0800 011 3797.

Making the most of retirement

You may already have a clear idea of what you want to do with your retirement. However, some people find it hard to adjust. They may miss the people they used to see every day, or the status of their job. Spending more time with family may be a great opportunity, or it might need some discussion as everyone gets used to changed routines and expectations.

It is a good idea to think ahead about what you would like to do in your retirement. Is there a hobby you have always wanted to try? Perhaps you have an interest in a particular subject that you have never had the chance to study?

Many people like to find ways to put their skills and experience to use by volunteering. This can be a great way to stay active and to meet people who share your interests and values.

u3a (formerly University of the Third Age) offers volunteer-led interest groups for people who are not in full-time work. Visit www.u3a.org.uk/join to find your local u3a.

You can also call the Age Scotland helpline on 0800 12 44 222 for help finding groups, activities or volunteer opportunities in your area.

Look after yourself

There are many things you can do to look after your physical and mental health. Making changes now will increase your chances of staying well in later life - and enjoying a healthier retirement.

Many modern workplaces are not as healthy as they could be. Sitting for long periods of time, as many of us do, is not good for your health. Research shows that getting up and moving around for a couple of minutes every 30-45 minutes can make a big difference to your health.

Health and wellbeing in later life

Our Health and Wellbeing in Later Life guide provides advice on changes that can help you to enjoy a better later life. Call the Age Scotland helpline on 0800 12 44 222 to order copies or visit www.age.scot/information.

Who can help

Age Scotland helpline 0800 12 44 222.

The Age Scotland helpline provides information, friendship and advice, to older people and their relatives and carers.

If you need an interpreter, simply call the helpline and state the language you need, e.g. Polish or Urdu. Stay on the line for a few minutes and we will do the rest.

You can also call the helpline for a copy of our publications list or any of our guides. To read, download or order guides online, visit www.age.scot/information.

Citizens Advice Scotland

For information and advice about your employment rights.

0800 028 1456 / www.cas.org.uk

ACAS

Information and advice for employers and employees, including rights at work.

0300 123 1100 / www.acas.org.uk

STUC, Scotland’s Trade Union Centre

Provides information about trade unions in Scotland, their purpose and how to join a trade union. 0141 337 8100 /www.stuc.org.uk

How you can help

Our vision is a Scotland which is the best place in the world to grow older.

All the information we provide is free and impartial. It helps older people access their rights and entitlements and can be life changing.

We are also a lifeline for older people who are feeling lonely and isolated. You can help us to support older people who need us most. Together, we can make a difference.

Make a donation

No matter how small or large, donations make a massive difference and help us continue our important work.

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Whether it’s having a bake sale or running a marathon, there are so many ways to raise vital funds to support our work. To find out more, call 0333 323 2400 or visit age.scot/fundraise.

Leave us a gift in your Will

By choosing to leave us a gift in your Will, your legacy will help us to continue being there for older people for generations to come. To find out more, call 0333 323 2400 or visit age.scot/legacy.

Please donate today

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Keeping in touch

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Age Scotland is the Scottish charity for older people. We work to improve the lives of everyone over the age of 50 so that they can love later life.

Our vision

is a Scotland which is the best place in the world to grow older.

Let’s keep in touch

Head office

0333 323 2400

Age Scotland helpline 0800 12 44 222

Email info@agescotland.org.uk

Visit our website www.agescotland.org.uk

Our regular newsletters by email contain details of our campaigns, services and how you can support our work.

Our social media channels are a great way to keep up to date with our work and issues that affect older people.

Age Scotland, part of the Age Network, is an independent charity dedicated to improving the later lives of everyone on the ageing journey, within a charitable company limited by guarantee and registered in Scotland. Registration Number: SC153343. Charity Number: SC010100. Registered Office: Causewayside House, 160 Causewayside, Edinburgh, EH9 1PR

We are grateful to the Scottish Government for part-funding this publication