Title: The age regulations: implications for training
1The age regulationsimplications for training
- Stephen McNair
- Director, CROW
2Outline
- 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
3Caution
- 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
4Two 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?
5Context older people like work
All people 51-70 CROW Postal Survey - 2004
6But want flexibility after retirementwould
you consider working after normal retirement age?
All people 51-69CROW Postal Survey 2004
7Things older people dislike about work
All people 51-69 CROW Postal Survey 2004
8Making 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 ..
9Something discriminatory is happening in training
employer or employee?
NIACE Adult Learning Survey 2005
10Training 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)
11What 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
12What 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
13Exceptions
- 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)
14Why employers provide training
Metcalfe DWP 2005
15Who selects for training?
Metcalf DWP 2005
16Selection 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
17Who 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
18Access 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
19Training 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
20Hazardous 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
21Issues 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
22Further 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