Employment Equality (Age) Regulations, 2006 Speaker’s Name

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

Source: ACAS Age Discrimination - Some Facts  1 in 4 people aged 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.

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

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

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 employee’s 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

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.

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

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

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.

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 employer’s retirement age (i.e. 65 for CCLRC)  Where there is a Genuine Occupational Requirement (GOR) that a person must be a certain age

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 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! If you do ask for a particular time requirement in an advert, you could be challenged and have to justify it in objective terms!

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 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) 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 someone’s 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

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 make sure that all performance/conduct and attendance issues are tackled right up until an individual retires. We need to ensure that APR’s and L&D Plans are being used consistently regardless of the individual’s age. We need to ensure that APR’s and L&D Plans are being used consistently regardless of the individual’s age.  Access to L&D activities should not be limited by age, unless for positive action.

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.

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.

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 CCLRC’s control  However, they will impact on other aspects of CCLRC’s 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

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.