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It is unlawful to directly or indirectly discriminate against employees unless objectively justified. Harassment and victimisation on grounds of age are also unlawful. This applies to discrimination on grounds of youth as well as age. DBERR Guidance suggests 10-year bands of age.

As from 1 October 2006 there is a default retirement age of 65.
A retirement age below 65 will be unlawful unless the employer can show objective justification. However Heyday (the active arm of Age Concern) has taken a case to the European Court of Justice on the grounds that having a compulsory retirement age is discriminatory. The Advocate General has given an opinion against this but judgement is still awaited.

Employers must follow a statutory retirement procedure under which the employee can request to continue working after retirement.

You can ask the school to consider continuing your employment beyond 65. There is a process similar to a request for flexible working (see B14) which includes a meeting and appeal. However, if your request is rejected the school is not required to give a reason. Your union will help you.

In 2008 an employment tribunal decided that a 61-year-old teacher was the victim of indirect age discrimination. She had not been shortlisted for a vacancy at her school which was advertised as a post that 'would suit candidates in the first five years of their career'. The successful candidate was paid almost £8000 less than the salary that she would have received had she been appointed. The school's decision to appoint a person with five years' experience or less was a provision, criterion or practice which disadvantaged people of her age when compared to other persons because they were likely to have far more than five years' experience. The school failed to show that the decision to appoint a cheaper, less experienced teacher was objectively justified by considerations of cost. For this defence to succeed, the school had to show that it was 'more or less compelled' by cost considerations.

Age Questionnaire
If you consider that you have been discriminated against by your employer on grounds of age and cannot obtain answers to your questions you can use the Age Questionnaire which schools/LAs have to respond to.
Regulation 41 Employment Equality (Age) Regulations 2005. Employment Equality (Age) Regulations 2006.
ACAS Booklet: Age and the Workplace: Putting the Employment Equality (Age) Regulations 2006 into practice.
Quick Guides EO1 Equal Opportunities: Points of Law.