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EMPLOYMENT AND TRAINING AGE DISCRIMINATION

Employment Equality (Age) Regulations 2006

Managers Briefing Presentation

Appendix 1

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‘The Employment Equality (Age) Regulations 2006 mean that organisations are going to have to think and behave very differently. Decades of practice and procedure will need to be changed in order to comply both to the letter if the regulations and the spirit.

Hertfordshire continually strive to be an organisation that not only talks about equality but makes it happen. This is achieved through our staff and the following briefing will explain the content of the regulations and the implications for us as individuals and for the Council as a whole’.

Alan Warner - Director of People and Property

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Ageism Exercise - PerceptionsYounger workersNegative perception Positive perceptions

Poor team work EnergyImmature and impetuous New ideasSocial life more important EnthusiasticNot likely to stay Willing to learnQuestionable loyalty Easier to trainNot focused CheaperUnreliable More adaptableLack confidence Innovative

Older workersNegative perceptions Positive perceptions

Lacking energy and creativity Stable and settledCoasting to retirement Better time keepingOut of date Know the ropesUnable to grasp new ideas Varied experiencesTechnophobic Mature and confidentSlower learners Reliable and dependableDisinterested in training Ability to teach and mentor

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Overview

• Key Legislation Principles

• Impact on you as a Manager

• Employment Cycle:

- Job Evaluation. Job Description’s and Person Specs

- Recruitment & Selection

- Performance Management & Reviews

- Leaving HCC: Retirement & Redundancy

• Managing your Team

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Key Legislation Principles

Based on familiar concepts found in existing sex and race

discrimination laws - covering direct and indirect discrimination,

harassment and victimisation.

As a reminder:

• Direct Discrimination– is to treat someone less favourably than

others because of their age – unless it can be objectively justified

• Indirect Discrimination – is to apply a criterion, provision or practice

which disadvantages your particular age unless it can be objectively

justified

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An example of case law in harassment

Ireland has had Age Discrimination law since 1998 and we have a great opportunity to learn from their case law.

In Ireland, a young female manager won a claim for harassment which she made when she was called ‘young foolish girl’ by an older male member of staff.

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Key Legislation Principles Continued

• No upper age limits on unfair dismissal

• No age criteria in recruitment, promotion and training allowed

• New processes for managing retirement

• No age criteria in pay and benefits (unless justified)

• Service related benefits generally allowed up to 5 years

• No direct age criteria in redundancy selection & redundancy

scheme age multipliers must reflect statutory ones

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Organisational Benefits:• A skilled and motivated workforce

• Reputation as an ethical employer

• Competitive edge for best talent in a tightening labour market

• Reduced costs as a result of improved retention

• Access to a wider talent pool & Employer of choice

• Lower recruitment costs

• Increased return on investment in employee development

• Better retention of organisational memory and opportunities to learn from experience

• Workforce reflects community & understands their service needs

• Proactive response to changing demographics

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Where will age laws impact on my role?

• As a manager you are responsible for many things– Recruitment, selection and interviews– Training decisions– Promotions– Retention– Performance management– Setting standards of behaviour – and responding

immediately to any unacceptable behaviours – Supporting business change

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Job Evaluation, Job Descriptions & Person Specs

• Job Evaluation Questionnaire: Knowledge, Experience & Training have been replaced with Knowledge, Skills and Abilities

• Be clear about what the real job requirements are – don’t use time-linked shorthand. Look out for indirect discrimination: 5 year driving licence Certain qualifications – can be date related e.g. GCSE’s or have

been more accessible to certain generations e.g. Degrees (particularly new degrees such as Media Studies).

Specifying: ‘graduated in the last 3 years’ Length of Experience – must be justified.

• Use competencies and skills ‘if in doubt take it out’

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Recruitment & Selection• Interview questions should relate to the job not the candidates

personal circumstances - never ask a candidate’s age

• Avoid any questions that might imply age is a problem such as– ‘Would you mind being managed by someone younger?’– ‘Don’t you think you’re rather over-experienced for this job?’– ‘Are you sure that you want a job like this at your stage in life?’

• Always:

– Ask all candidates the same question– Use a competency score sheet so that you have a record of

each candidate’s abilities and ensure your notes don’t include ageist remarks

• Interview Feedback should focus on the competencies – i.e. avoid

‘over qualified’

• If you wish to carry out testing ensure the test is relevant to the job

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Learning and Development

• The Regulations will make it unlawful for employers to discriminate against employees for reasons of age when providing access to training and career development

• Graduate Schemes, Trainee Schemes and Leadership Programmes should be open to applicants of all ages

• Regular Performance Management Meetings/Reviews are key to ensuring we manage a diverse workforce openly and fairly

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Performance Management - Age Friendly ReviewsDon't:• use the excuse that somebody is too old or too young to have access to a certain opportunity• write people off as too old to learn or too young to take on a task• work on the understanding that somebody is sitting it out until impending retirement – everybody should have good performance praised and poor performance challenged• believe length of experience matters, focus on the quality and competency brought to the workDo:• Regularly discuss learning and development needs and career development with individuals of all ages• Focus on outputs and objectives• Use language that is age-neutral• Support continuing development (life long learning)

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Leaving the OrganisationRetirement:• Hertfordshire has chosen to comply with age laws by not having a retirement age at

all• This doesn’t mean employees have to work forever - Employees can choose to ‘Retire’ at anytime giving their notice period in the same way that they would to leave at any age - If staff are in a pension scheme, they can resign with pension as soon as the pension scheme rules allow

Performance and Ill Health:• If an employee is not performing or has ill health problems they should be managed

using the appropriate procedure as they would at any age

Redundancy:• Age should not be a factor in selection for redundancy• The way we calculate Redundancy Payments is changing - when you go through a

restructure we will support and brief you thoroughly

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Managing your team:• Reduce the risk of prejudice

– Get to know your team, this helps break down barriers and stereotypes

• Understand the facts– Be aware of individual circumstances

• Help colleagues avoid self stereotyping– Everyone has potential, challenge them

• Nip poor performance in the bud– Don’t let people get away with slacking whatever their age

• Be people friendly– HCC encourages flexible working at all ages – you should too - it

supports age diversity

If you think age is important try substituting ‘black’ or ‘woman’, ifthat feels wrong, it’s probably wrong to use age

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Where might you face potential issues?• Job Applicants who believe you were unfair in your choice

– What will a tribunal be able to infer from the way you handled the process?• Older staff

– Who feel passed over or whose advice and ideas are always ignored• Younger staff

– Who feel they are never given a chance and are being held back• People who feel that the jokes and teasing have gone too far

– Harassment claims may well be cumulative – it won’t just be the inappropriate birthday card – it’s what went before

• People who are taking claims against you on other grounds– They will add age in

• Those who are claiming unfair dismissal– There is no limit to compensation on age - there is to unfair dismissal

Always seek advice from HR as soon as you are aware of a problem

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Where to go for help

• Additional Handouts

• Local HR Team

• Connect: /people/equality/ageawareness

• External information– EFA - www.efa.org.uk– Age Positive – www.agepositive.gov.uk– ACAS – www.acas.org.uk

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thank you