Agenda item

This report summarises the forthcoming Employment (Age) Regulations 2006 and outlines the amendments made to the Council’s HR processes in order to comply.

Members considered a report, which summarised the forthcoming Employment (Age) Regulations 2006 and outlined the amendments made to the Council’s HR processes in order to comply.

In summary the Regulations:

·        Set a default retirement age of 65;

·        Allowed employers to have a retirement age below 65 as long as they can demonstrate that it is appropriate and necessary;

·        Give employees the right to request to work beyond their retirement age;

·        Make it compulsory for employers to consider any such request.

The regulations make it unlawful on the grounds of age to:

·        discriminate directly against anyone, unless objectively justified;

·        discriminate indirectly against anyone unless objectively justified;

·        subject someone to harassment;

·        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 grounds of age;

·        discriminate against someone after the working relationship has ended.

It was reported that prior to the introduction of the regulations the Council’s Comprehensive Equalities Policy already included the aim:

“to ensure that no one who deals with the Council receives less favourable treatment on the grounds of age.”

It was reported that from September 2006 guidance on age discrimination had been included in the relevant HR process and that changes were also required to other policies and practises elsewhere in the Council.

In addition to the legal implications of the Regulations, work had been undertaken through the Council’s Equality in Employment Improvement Plan (EEIP) to analyse the Council’s age profile and to consider what, if any, action needed to be taken in this area.

During the informal session, prior to the meeting, presentations had been made to the Group from Tracey Carter, Programme Director easy@york and James Drury on “Improving Customer Service with Easy@York” and from Chris Tissiman of the HR Corporate Development Team on the forthcoming Employment (Age) Regulations 2006.

Arising out of the earlier session the main points raised were

• How could the age profile be altered throughout the council’s workforce?
• Consideration should be given to where job adverts were placed e.g. young peoples journals.
• Need to feedback details of the Groups discussion on “Improving the Diversity of the Council’s Workforce” from the 20 September 2006 meeting to Chris Tissiman.
• Examine how we promote careers in local government and target the audience e.g. Older Peoples Assembly, School Citizenship lessons, Universities/Colleges
• Use exit interviews to ascertain any problems to assist with future recruitment.
• Promotion of work placements within the authority.
• Need to make the Council a more attractive place to work for all age groups.
• Concerns raised regarding Annex 1 to the report, which set out the “Criteria to be used when selecting employees to be dismissed by reason of redundancy” which included

a.      Could discriminate against young people e.g. length of work experience and women who may have had career breaks.

b. Caution should be exercised in relation to the Sickness Absence criteria as this should be considered in conjunction with the Disabled Discrimination Act and disabled people in general.

·        The need to amend Annex 2, in particular

a.      Page 19, paragraph 6.1 to replace the word “between” in the third line with “in excess of “.

b.      Concerns at tone of letter in Annex 2, Appendix B (Standard letter informing an employee of a meeting to discuss a request not to retire)

c.Questioned reference to the word “dismissal” in paragraph 9.3. and suggested its replacement with “when the employment will end”

RESOLVED:   i) That the Social Inclusion Working Group note the action  taken by the Council in respect of theEmployment Equality (Age) Regulations 2006.

ii)               That Officers be requested to consider rewording the letter in Annex 2, Appendix B in a less formal manner, in line with the Groups comments and report back to a future meeting.

REASON:                    To comply with statutory requirements, to protect the Council from risk and to futher suport the Council’s approach to equalities and social cohesion and inclusion.