The age regulations: implications for training

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The age regulationsimplications for training

• Stephen McNair
• Director, CROW

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Outline

• Context work and older people
• Training and age
• What the regulations say
• Who gets trained
• Who decides who gets trained
• Who is most/least likely to be trained
• Issues

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Caution

• Parliament agrees the wording of the regulations
• Employment Tribunals and the Courts (including
  the European Court of Justice) interpret their
  application
• Therefore, any comments at this stage must be
  provisional and exploratory

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Two kinds of training issues

• Equal access to training for employees
• Training managers to manage an age diverse
  workforce
• Are there specific issues about training for
  older workers?
• distinct learning needs?
• Distinct ways of learning?

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Context older people like work
All people 51-70 CROW Postal Survey - 2004
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But want flexibility after retirementwould
you consider working after normal retirement age?
All people 51-69CROW Postal Survey 2004
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Things older people dislike about work
All people 51-69 CROW Postal Survey 2004
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Making jobs attractive to older workers

• Flexible/ part-time opportunities
• Challenge and stimulation
• Value their contribution
• Respect and no discrimination from managers,
  trainers or fellow workers
• Ease travel pressures part-time, home working ..

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Something discriminatory is happening in training
employer or employee?
NIACE Adult Learning Survey 2005
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Training and the age regulations

• Training, advice and guidance providers covered
  separately (Reg. 7)
• Employers training and development for their own
  staff covered by the general requirement not to
  discriminate in employment (Reg.20)
• Careers Guidance agencies covered separately
  (Reg. 21)
• Public sector Further and Higher Education
  institutions covered separately (Reg. 23)

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What is vocational training under the age
regulations?

• All types and levels of training that would help
  fit a person for any employment
• Includes
• Training
• Vocational guidance
• Facilities for training
• Practical work experience
• Assessment for an award or qualification
• This is a broader definition than is usually used
  in English education law, and includes both
  training and development

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What the regulations say about training

• Discrimination on grounds of age is unlawful in
• Terms of offer
• Access
• Terminating training
• any other detriment during training
• Harassment
• Award of qualification
• Includes discrimination by employer, training
  provider, or professional/qualification/awarding
  body
• Includes all acts by further and higher education
  institutions

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Exceptions

• Positive action, to compensate for disadvantages
  affecting a particular age group
• Proportionate means of achieving a legitimate
  aim, and workforce planning (employers will need
  evidence if challenged)
• Objective justification based on genuine
  occupational requirement (likely to be very rare)

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Why employers provide training
Metcalfe DWP 2005
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Who selects for training?
Metcalf DWP 2005
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Selection for traininghazardous areas

• Performance problems rests on managers
  judgement, with potential for discrimination are
  there robust performance measures?
• Prepare for promotion rests on managers
  judgement, assumptions about fast tracks,
  patronage, bright young things does everyone
  get a chance?
• Self selection are employees discriminating
  against themselves?
• Metcalf DWP 2006

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Who gets trained?

• 77 of establishments provide off the job
  training
• Occupations which get most training caring,
  leisure services, personal services,
  professionals and technical
• Occupations which get least training routine
  unskilled staff, sales and customer service staff

Metcalf DWP 2006
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Access to training

• 36 consider expected ability to learn new
  tasks
• 10 of training establishments consider potential
  length of service
• 5 of training establishments consider time left
  before retirement

Metcalf DWP 2006
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Training by sector

• Lowest in retail, transport, business services,
  hospitality
• Highest in energy, construction, public
  administration, health, education
• Public sector firms are more likely to train, and
  to ignore age when selecting for training

Metcalf DWP 2006
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Hazardous areas

• Professionals, technical and administrative
  rectifying performance
• Skilled trades, process machine operatives
  length of service, ability to learn, and age
• These groups are not evenly distributed between
  industries and sectors

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Issues in need of attention

• Managing performance critical for training and
  especially retirement training managers is
  important
• Monitoring employers need evidence that
  policies work, and that they are fair
• Maximum and minimum ages for access to training
  (including informally applied, and managers
  preferences) need clear evidence to justify
• Discrimination in funding implications of
  Government education policy unclear
• Training and retirement age more complex in
  view of changing patterns and retirement ages

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Further details

• The Governments Age Positive Campaign, and good
  practice
• www.agepositive.gov.uk
• Details of the Age Discrimination Regulations at
• www.dti.gov.uk/equality/age.htm
• About CROW
• www.surrey.ac.uk/crow
• About NIACE
• www.niace.org.uk