Age
Recent Developments in Equality and Diversity Legislation
Please click the links on the right for agreements and guidance mentioned below, as well as other useful links.
The government has indicated that it will enact the European Directive on age discrimination in 2006, encouraging employers to recruit, train and retain older workers through the “Age Positive campaign”. The new age regulations will be implemented from 1st October 2006.
The British population currently had 19.8 Million people aged 50+ in 2002; by 2031 this is expected to increase to 27 Million people (approx 50% of the national population). Like other equality legislation, these regulations will protect people from direct and indirect discrimination, victimisation or harassment on the grounds of age or apparent age, unless the treatment or provision is a proportionate means of achieving a legitimate aim (“objective justification” where the burden of proof is on the institution). The proposed regulations protect the rights of both older and younger workers and set a national default retirement age of 65 years.
The new regulations will apply to Higher Education Institutions both as employers and as education providers. The HESA 2003 -2004 statistics indicate that 40% of the Higher Education workforce is aged 45+ years and research suggests that more than 77% of retired employees would have liked to keep working in some capacity beyond their institution’s normal retirement age.
The ECU consultation on age issues in HE report indicates that the key challenges perceived by the sector concern a number of areas:
- developing age-neutral policy and practice in recruitment, selection and promotion
- performance management systems
- succession planning
- occupational health services
- staff development programmes
- retirement policy and procedures.
The ECU and UCE have convened a joint working group on age in order to help the sector prepare for the forthcoming age equality legislation. The ECU expects to publish guidance specific to HEIs in Summer 2006
Relevant Agreements and Guidance
- The Joint agreement on guidance for age equality between the Association of Colleges and National Officers of ACM, ATL, GMB, UCU, TGWU and UNISON.
- The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006. The regulations apply to Great Britain only.
- The DTI has also prepared Notes on Regulations and an overview of the DTI's activity in this area can be found on the age equality section of their website. The Department for Trade and Industry
- Age and the Workplace - Employers (pdf; 456kb) putting the Employment Equality (Age) Regulations 2006 into Practice has been published by ACAS. This publication provides guidance for employers and providers of vocational training. A parallel information leaflet - Age and the workplace - is available for employees.
- Tops Tips: Age Positive has produced twenty key facts, which includes questions and answers, on the age discrimination regulations.
- ECU is now receiving regular calls and enquiries about aspects of the regulations. Many queries that arisen have been compiled into the into the FAQs Page. Age FAQs: ECU
- Age Joint Working Group: ECU and UCEA have convened a joint working group on age in order to help the sector prepare for the age equality legislation. Please see the Joint working group page for more information.
