This is a common misconception but it is not unlawful for an employer to still ask for a candidate’s date of birth on a job application form.

However, although it is not unlawful, it may be unwise because the question that then inevitably follows is “why are they asking for the information?”

Acas, in its non-statutory guidance on the Equal Employment (Age) Regulations 2006, advises employers that if they have a good (and justifiable) reason for wishing to collect the information at job application stage, they are better advised to ask for it on a separate ‘Equality & Diversity Monitoring Form’ and to ensure that the information is not seen by the person(s) making the initial decision on who to call for interview.

(July 2009)