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The age regulations: implications for training

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The age regulations: implications for training Stephen McNair Director, CROW Outline Context: work and older people Training and age What the regulations say Who gets ... – PowerPoint PPT presentation

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Title: The age regulations: implications for training


1
The age regulationsimplications for training
  • Stephen McNair
  • Director, CROW

2
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

3
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

4
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?

5
Context older people like work
All people 51-70 CROW Postal Survey - 2004
6
But want flexibility after retirementwould
you consider working after normal retirement age?
All people 51-69CROW Postal Survey 2004
7
Things older people dislike about work
All people 51-69 CROW Postal Survey 2004
8
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 ..

9
Something discriminatory is happening in training
employer or employee?
NIACE Adult Learning Survey 2005
10
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)

11
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

12
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

13
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)

14
Why employers provide training
Metcalfe DWP 2005
15
Who selects for training?
Metcalf DWP 2005
16
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

17
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
18
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
19
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
20
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

21
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

22
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
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