Age and discrimination

Councils and their partners play a central role in promoting the value of older workers and developing strategies for encouraging extending working life. The sector has a duty to adopt better age management approaches, to disseminate good practice and better manage an ageing workforce. There is also a need to stimulate positive attitudes to employing and working among older people, as well as secure appropriate training and guidance provision to support them.

Legislation

Since the Employment Equality Regulations came into force in 2006, it has been illegal to discriminate against individuals on the basis of age in employment and vocational training. Many of the provisions are similar to those in other anti-discrimination legislation. They include:

• definitions of direct and indirect discrimination
• special rules on victimisation and harassment
• provisions on objective justification
• treatment of vicarious liability
• burden of proof.

Equality in religion and belief –  for an explanation of many of these terms.

Some of the provisions in the new legislation are different and will only be clarified over time. For example, employers may retire employees compulsorily at the age of 65 or over without justifying their decision. Employees however may request to work beyond retirement. Employers must consider such requests seriously.

The website of the LG Employers has guidance on the new legislation. This includes a tool to help councils assess how ready they are and a month-by-month countdown action plan for preparing for the legislation.

Age discrimination – the LG Employers age discrimination website.

Case studies

Sandwell Primary Care Trust's Midlife Future Planning programme

Hertfordshire County Council's approach to recruiting and retaining older workers

Useful links: where to find out more

Just Ageing – for more information on the website

The Equality and Human Rights Commission (EHRC), and the new merged charity, Age Concern and Help the Aged, have joined forces to:

• investigate and develop understanding of the dynamics of equality over the life course, and
• identify solutions to address inequalities and disadvantage in later life.
  

They have developed a website and several interesting publications, including; “Socio-economic Inequalities in Older People’s Access to and use of Public Services”

Ageing strategy – on the info4local website

This page brings together information from across Government on the ageing strategy. It will be updated regularly when further information becomes available.

Age equality in health and social care – on the DH website

This report from the Department of Health analyses the nature, extent and variability of age discrimination in health and social care services. It also highlights what reforms are already in train to tackle age discrimination and support greater age equality.

Working Together for Older People in Rural Areas

Published alongside the government’s strategy on ageing,  this is the final report of a joint project between the Social Exclusion Task Force and the Department for Environment, Food and Rural Affairs. The report examines evidence on the social exclusion experienced by older people in rural areas and identifies examples of innovative service delivery that can make a real difference in these areas.  

Getting on well together: Councils working with older people

The above is a joint Local Government Association and IDeA (now known as LG  Improvement and Development) publication. It draws on research commissioned by the LG Association, as well as learning from local authorities. The report highlights key messages about how local government can effectively address the later life agenda. By working with older people, our public agencies and focusing on prevention – councils can support older people to lead independent, active and healthy lives.

The South East Regional Forum on Ageing (SERFA) has started a debate on how to shape a better future for older people and give them the opportunity to stay actively involved in their communities.

New voice for older people in the South East – for more information on the New Distribution Service website

The European Court of Justice published its ruling on the challenge to the UK’s compulsory retirement age.

European ruling on compulsory retirement age –  for more information on the Equality and Diversity Forum website

The Linkage Plus: Benefits to Older People is the second thematic report on the evaluation of LinkAge Plus (LAP). The report focuses on how the LAP approach and pilot activities offer a range of benefits for older people. The report's finds the LAP approach is contributing to the improvement of older people's quality of life, healthy life expectancy and active participation in society.

The Linkage Plus: Benefits to Older People – on the info4local website

Read the latest trend data which has been collected as part of the Age Strategy Refresh by the Department for Work and Pensions (DWP). The data will be used in the consultation process and will inform the Age Strategy, which be published in Spring 2009. This strategy will aim to build on the well-being data that has been gathered and provide a broader strategy for the ageing society.

Opportunity Age Indicators: 2008 update – on the DWP website

Further detailed guidance and discussion of the age regulations is available on the Age Positive website, provided by the Department for Work and Pensions (DWP) and also from the Employers’ Forum on Age.

Age Positive – for more information on age regulations

Employers' Forum – on the Age website

The Audit Commission has produced a report looking at the challenges and opportunities facing England as its population gets older. It aims to help local public services adapt to the needs of an older and more diverse society, and identifies solutions that can be implemented quickly. It also explores how councils should plan strategically for the wider challenges ahead.

'Don't Stop Me Now: Preparing for an Ageing Population' – on the Audit Commission website

The Centre for Policy on Ageing is an independent centre of research and reference, which works towards informing and influencing service providers. Its approach is to discover and advocate what older people themselves want and need.

Centre for Policy on Ageing – for more information on what older people want and need

The Advisory, Conciliation and Abitration Service (ACAS) is nominated by government to provide advice to employers and individuals about the age regulations.

ACAS – for more information on age regulations

Age Positive presents case study material from across the sector on issues such as offering flexible retirement options and working without a retirement age

Case studies – on the Age Positive website

Help the Aged is an international charity working to free older people from poverty, research their needs, campaign for their rights, and provide services.

Help the Aged – for more information on older peoples needs, rights issues and poverty

Research on active ageing – on the CEEP UK website

Older people – for a general overview of the needs and service requirements of older people

Compliance with the new age legislation is only the first step. More than a third of the local government workforce is due to retire over the next 15 years. Nearly two-thirds are aged 40 and over. The proportion of those under 25 is only seven per cent, compared to 17 per cent in the wider economy. Councils must consider how to attract and keep both young and older workers. This is necessary if they are to have the right workforce for the future.

People management and organisational development – for useful information on recruiting, developing and retaining an effective workforce

The Centre for Research into the Older Workforce (CROW) exists to study the nature of the older workforce. It examines: older peoples’ attitudes to and experience of work, employers’ responses to ageing, and the policy issues which arise as the government seeks to encourage people to stay in work later in life.

CROW – for more information on older people's attitudes to work, policy and employers' responses

Personneltoday.com is a resource aimed at HR professionals, with frequently updated human resources (HR) news as well as information and opinion on employment law, case studies, and forthcoming HR conferences, exhibitions and other major events.

Personneltoday.com – for more information on HR issues

Age Concern is the UK's largest charity working with and for older people. Their website offers advice and guidance on age discrimination, and up-to-date policy information relating to age.

Age Concern – for more information on age discrimination and other issues.