Preventing age discrimination
18/09/2006
New rules tackling age discrimination in the workplace come into force from the beginning of October.
The Employment Equality (Age) regulations 2006 will have a wide-ranging impact on how younger and older staff are treated both by colleagues and in terms of employment policies and procedures.
The Human Resources Branch has been reviewing such policies in recent months to remove any potential age bias and to try to ensure that GMP not only fully complies with the regulations, but also adopts best practice in advance of the legal deadline.
Those police staff who have been recruited or have applied for an internal post recently will, for example, recall that they were not asked to disclose their age on the application form, so that it was not a factor in the recruitment/selection process. Similarly, for some years now, police staff have been able to request the opportunity to work beyond age 65 - something that they will now be legally entitled to request.
Mean ageism becomes as unacceptable as racism or sexism
Provide fair and equal treatment for all and apply equally to younger as well as older staff
Apply to all aspects of employment - not just recruitment and retirement
Apply equally to police officers except in relation to the minimum recruitment age. In addition, the nationally determined retirement ages are currently being reviewed
Will not affect state pensions
Are expected to have limited effect on occupational pension schemes
Will not require employers to recruit/retain someone who is incapable of doing the job (but will require employers use capability measures to address performance matters regardless of age)
Ban age discrimination in terms of recruitment, promotion and training
Ban all compulsory retirement ages below 65, except where objectively justified
Remove the current upper age limit for unfair dismissal and redundancy rights
Introduce a duty for employers to consider an employee's request to continue working beyond the default retirement age of 65
Introduce a requirement for employers to give written notification to employees at least six months in advance of their intended retirement date
Include provisions relating to service-related benefits and age related rules and practices in pension schemes
As with all other forms of discrimination, any instances of harassment on the grounds of age will be dealt with as potential disciplinary issues.
It is the responsibility of every member of staff to ensure their comments or behaviour do not cause offence to others, and that they challenge others who engage in potentially discriminatory behaviour.
Further information about age discrimination is available from your local HR Manager or by contacting People and Development Branch staff, Helen Roberts (extension 62355), Sandra Firth (x62396) or Laura Keddie (x62309). Information has also been published on Chief Constable's Order 2006/33.
Q7. Can I reject a candidate for employment if they are older than the normal retirement age?
Yes you may. The regulations include the specific provision that, where an applicant is older than, or within 6 months of, the employer's normal retirement age, then you can refuse to recruit that person. This will now be covered by the eligibility checks that are done on receipt of applications.
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