Employment Equality Age Regulations, 2006

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Employment Equality (Age) Regulations, 2006

• Joanne Cleveland

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Aims of talk

• To provide an overview of the new legislation
  which came into force on 1 October 2006
• To provide an understanding of the key practical
  implications of the legislation for CCLRC
  managers and employees

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Age Discrimination - Some Facts

• 1 in 4 people aged 50-69 say they experience age
  discrimination when working or looking for work
• 8 out of 10 young people believe age
  discrimination is widespread
• Low levels of employment in over 50s is costing
  economy between 19 and 31 billion a year.

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Age Employment Some Misconceptions

• Older employees are more likely to take time off
  for health reasons
• Younger applicants have more energy, drive and
  enthusiasm
• Older applicants are not up-to-date technically
• Younger people are more willing to work late
• Older people tend to be set in their ways and be
  less adaptable

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What do the Regulations cover?

• They cover all aspects of employment, incl.
• Recruitment
• Terms and Conditions of Employment
• Promotions
• Transfers
• Dismissals
• Training
• They do not cover the provision of goods and
  services

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The Regulations Headlines

• The Regulations
• Prohibit unjustified age discrimination in
  employment vocational training
• Require employers with a retirement age below the
  national default age of 65 to justify or change
  it
• Impose a new duty on employers to consider an
  employees request to continue working beyond
  their retirement age
• Require employers to notify employees of their
  intended retirement at least 6 months in advance
• Remove the upper age limits for unfair dismissal
  and redundancy pay

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The Regulations make it unlawful to

• Discriminate directly i.e. treat an employee
  less favourably than others on the grounds of
  their age (actual or perceived) unless such
  treatment is objectively justified
• Discriminate indirectly by applying a
  criterion, provision or practice which
  disadvantages people of a particular age group -
  unless it can be objectively justified.

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The Regulations Also Make It Unlawful To

• Harass someone for an age-related reason
• Victimise someone because they have made or
  intend to make a complaint or allegation, or have
  given or intend to give evidence in relation to a
  complaint of discrimination on the grounds of
  age.
• Discriminate against someone, in certain
  circumstances, after the working relationship has
  ended.
• As with other forms of discrimination, CCLRC will
  not tolerate any of the above behaviour by its
  employees

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Age Discrimination Exceptions

• Various exceptions to the Age Discrimination
• Two of the more relevant ones are
• Positive action
• Service-related pay and benefits 5 year
  exception

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So what do we mean by objective justification?

• Employers may lawfully treat people differently
  on grounds of their age
• if they have an objective justification.
• Both direct and indirect discrimination will be
  objectively justified if
• It pursues a legitimate aim
• It is an appropriate and necessary means of
  achieving that aim.
• Example it might be necessary to fix a maximum
  age for a recruitment to reflect the amount of
  training required for the post, or the need for a
  reasonable period of employment prior to
  retirement.
• However, Harassment and Victimisation cannot be
  justified on any grounds.

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Is it ever legal to discriminate on grounds of
age?

• There are limited circumstances when it is lawful
  to treat people differently because of their age.
• Most significantly for us, if there is an
  objective justification for treating people
  differently
• There is also a specific exemption which allows
  employers to refuse to recruit someone if they
  are older than or within six months of the
  employers retirement age (i.e. 65 for CCLRC)
• Where there is a Genuine Occupational Requirement
  (GOR) that a person must be a certain age

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Recruitment (1)

• Recruitment paperwork- adverts, job descriptions
  and person specifications
• Educational qualifications are the
  qualifications really necessary? Are they still
  current? Are there other ways of specifying the
  skills level you require?
• Experience best to avoid references in adverts,
  job descriptions and person specifications to x
  years experience
• Such references may rule out younger people who
  have the skills but not had the opportunity to
  demonstrate them over the specified period of
  time
• If you do ask for a particular time requirement
  in an advert, you could be challenged and have to
  justify it in objective terms!

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Recruitment (2)

• Advertising advertise in a way that will be
  accessible to a large audience (unless taking
  justified positive action)
• Avoid using language - such as mature, young,
  energetic - that might imply you would prefer
  someone of a certain age
• Beware of any hidden messages that may be present
  within any promotional literature, particularly
  in pictures (e.g. Graduate Apprentice
  recruitment)
• Shortlisting ensure that all decisions about
  someones suitability for the post are based on
  skills and abilities and not on age!
• Interviewing avoid asking questions related to
  age, focus instead on the competences required
  for the role

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Through Employment

• Performance/Conduct and Attendance issues
• We need to make sure that all performance/conduct
  and attendance issues are tackled right up until
  an individual retires.
• We need to ensure that APRs and LD Plans are
  being used consistently regardless of the
  individuals age.
• Access to LD activities should not be limited by
  age, unless for positive action.

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Age Retirement

• The Regulations set a national default retirement
  age of 65 - which CCLRC has adopted as its new
  contractual retirement age.
• This change does not affect individuals pension
  age i.e. the age at which they can retire and
  take their full pension benefits.
• CCLRC employees who have a pension age of 60 (as
  most do) can therefore choose to retire at any
  point between age 60 and 65, subject to giving us
  6 months notice.
• Under the Regulations, employees gain the right
  to ask to continue working beyond their
  contractual retirement age (65).
• CCLRC has a duty to consider such requests
  but we do not have to agree to them.
• The process CCLRC will follow in considering
  requests to stay on is set out in Notice 45/2006.

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Dismissal

• The previous upper age limit for unfair dismissal
  claims and statutory redundancy payments has been
  removed
• This gives older workers the same employment
  protection rights as younger workers
• - unless there is a genuine retirement, using
  the duty to consider procedure laid down in the
  Regulations.

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Impact of Age Legislation on other CCLRC
Conditions of Employment

• For the most part, the Regulations are not
  expected to have a significant impact on existing
  terms and conditions which are under CCLRCs
  control
• However, they will impact on other aspects of
  CCLRCs conditions of employment outside our
  control (e.g. redundancy procedures/payments and
  the pension schemes)
• Some changes have recently been announced by
  Cabinet Office and Civil Service Pension
  Scheme/JSS
• and further changes may well follow

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So what are the benefits of helping HR tackle
Age Discrimination?

• As with other types of discrimination, avoiding
  or tackling age discrimination will help us to
• Attract retain staff
• Maintain staff motivation and productivity
• Enhance the reputation of CCLRC as a fair and
  responsible employer
• Minimise the risk of employees making
  discrimination claims to employment tribunals -
  where there is no ceiling for compensation in
  discrimination cases.