Age Diversity Guidelines

Purpose of Guidelines

The University (and therefore each employee and student) is bound by law not to discriminate unjustifiably, directly or indirectly, against any person in any work or educational activity on the grounds of age.

Age diversity offers positive advantages for the University, just like any other sort of diversity in work and life and treating people fairly, regardless of age, is central to the principles of our business.

Ageism and age-related issues are especially relevant in the UK given the introduction of The Employment Equality (Age) Regulations 2006, effective from 1st October 2006. This aspect of age equality at work is consistent with legislation across Europe.

The main points of the Regulations are:

1. The regulations protect employees and other workers (partners, agency staff, etc) from discrimination, harassment and any other unfair treatment (for example relating to recruitment, training, pay, promotion, retirement and pensions) on the basis of age.
2. Age means any age - not just older people - any age, including young people.
3. People protected by these regulations include:
   • current employees and workers
   • job applicants
   • vocational trainees
   • vocational training applicants
   • and under certain circumstances people for whom the working relationship has ended (eg., in giving references).
4. The regulations apply to:
   • employers of all types
   • private and public sector vocational training providers trade unions
   • employer organisations
   • trustees and managers of occupational pension schemes and, employees and workers themselves (for example extending to liability for pay compensation in cases of harassment against someone).
5. The regulations make it unlawful on the grounds of age, unless it can 'objectively justified', specifically to:
   • discriminate directly against anyone (workers and employees as defined above)
   • discriminate indirectly against anyone ('indirectly' covers a very wide range of possibilities, including unintentional ones, such as processes or policies which disadvantage a person because of their age)
   • harass or bully anyone, or expose them to harassment or bullying by others, (harassment as perceived and experienced by the victim; the perpetrator's views and intentions are not the issue)
   • victimise anyone complaining or giving evidence, or intending action in relation to an age discrimination complaint.
6. The implications of the legislation particularly affect and extend to:
   • recruitment and interviewing and selection
   • training
   • pay and benefits
   • performance appraisals
   • promotion
   • work-related social activities
   • dismissal
   • redundancy
   • retirement
   • pensions
   • the general conduct of everyone in work, and their awareness of their responsibilities within the regulations and therefore all documentation, systems and processes used in the above.
7. As well as giving people protection, the UK age discrimination legislation also places certain responsibilities on individuals and it should be noted that the regulations also allow for individuals to be held responsible for certain types of discriminatory behaviour against others (and to be pursued for compensation), aside from the responsibility of the employer or organisation.
8. The regulations are not designed to force unreasonable or unsafe changes on people and organisations, and so the rules provide for 'objective justification' to be used where any age discrimination can be proved to be proportionate (appropriate) and legitimate (truly necessary) for the purpose or aim of the organisation.