Dear all,
As the draft regulations stand, our interpretation is the same as Marcella's - that
- All students will be covered by the age regulations, in the same way as they are by the existing religion/ belief and sexual orientation regulations;
- This will include their access to university 'benefits' - at the moment we don't know exactly what these are, but they may include accommodation, campus and non-academic facilities as well as teaching and learning
- HEIs will not have responsiblities under the regulations in their capacity as providers of services to the general public (eg when providing conference facilities or hosting public events). As a reminder though, the following groups will all have responsibilities under the regulations: employers, providers of vocational training (including further and higher education), trade unions, professional associations, qualifications bodies, employers' organisations, pensions trustees and managers of occupational pension schemes.
Best wishes,
Robyn
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]]On Behalf Of Marcella Wright
Sent: 06 October 2005 09:02
To: [log in to unmask]
Subject: Re: Age legislation - impact on students
Hi Robyn
Thanks for your prompt reply yesterday and also clarification re the rules
on loans.
In response to your e-mail below just a quickie to say I see it the same
way as you. The draft regs say that only print in italics is different
from the regs on religion or belief and sexual orientation-section 22 is
not in italics and we have all been told that the earlier regs included all
HE students. Although the regs don't cover goods and services my
interpretation of section 22 is that students might have be able to use
these if e.g. they were unfairly treated in say accommodation. But a
conference delegate having the same problems couldn't get use the regs to
get legal redress.
What do you think?
Kind regards
Marcella
At 13:26 05/10/2005 +0100, you wrote:
>Dear colleagues,
>
>Apologies for the delay in responding to Faith Marchal's original query
>and subsequent contributions from list members - Liz Sutherland and myself
>have both been away from the office for some days.
>
>We agree that the issue Faith raises is one which is not clear from the
>DTI's draft regulations and consultation documents, and we will be asking
>for clarification from the DTI when we make our own response to the their
>final consultation. It isn't clear where students' rights are codified in
>the draft regulations - but what we think might be the DTI's intention is
>that HEIs as education providers are covered by the section specifically
>relating to FEIs and HEIs (draft regulation 22) rather than the vocational
>training section (draft regulation 19).
>
>Our current understanding is that ALL students will be covered by the
>forthcoming age equality legislation, in their applications to
>institutions and throughout their studies, regardless of the course they
>are studying. This seems to be reflected in draft regulation 22 which
>I've paraphrased here (and which doesn't use the phrase 'vocational
>training'):
>
>- It is unlawful for the governing body of an institute of further or
>higher education to discriminate against a person in the terms on which it
>offers to admit him to the establishment as a student; by refusing or
>deliberately not accepting an application for his admission to the
>establishment as a student; or, where he is a student of the
>establishment, in the way it affords him access to any benefits, by
>refusing or deliberately not affording him access to them, or by excluding
>him from the establishment or subjecting him to any other detriment. This
>doesn't apply to students who, having completed a particular (vocational)
>course, would be lawfully excluded from that profession on the grounds of
>age (ie if a genuine occupational requirement could be cited by a
>potential future employer. However the only example of a genuine
>occupational requirement the DTI have proposed so far will apply to the
>acting profession). -
>
>Draft regulation 19 refers separately to vocational training. This may
>relate to the vocational training offered by institutions such as
>Jobcentres, rather than by HEIs. However, in our response to the DTI's
>consultation we're going to specifically ask about this and also about
>responsibility towards students on work placements, which may be shared by
>HEI/ placement provider.
>
>In relation to student loans, we heard from the Department for Education
>and Skills earlier this year that they have reviewed the upper age limit
>of 55 on loans for living costs for students in higher education. From
>September 2006, the upper limit for maintenance loans for new students
>will be age 60. For existing students who take out a loan for the first
>time in 2006 the limit will also be 60. This doesn't seem to chime with
>the forthcoming age legislation, however the SLC may not have duties to
>students under the regulations.
>
>We intend that ECU's response to the DTI's final consultation will be
>posted on our website on 11 October, and we will notify the sector when
>this has happened. We really encourage individual HEIs to respond to the
>DTI and raise these questions as well. The deadline for responses to the
>DTI is Monday 17 October.
>
>With good wishes,
>
>Robyn Challis
>Policy Officer, Disability and Age team
>Equality Challenge Unit
>
>tel 020 7520 7066
>[log in to unmask]
>
>-----Original Message-----
>From: HE Administrators equal opportunities list
>[mailto:[log in to unmask]]On Behalf Of Faith Marchal
>Sent: 28 September 2005 12:52
>To: [log in to unmask]
>Subject: Age legislation - impact on students
>
>
>Dear all,
>
>Is anyone else out there, like me, concerned about whether or not different
>student groups will be protected by the new Age legislation, based on their
>course of study?
>
> From the consultation document, it seems to me that students on programmes
>of study which are prerequisites to particular professions or employment
>(for instance, teacher certification, health and social care courses, legal
>practice, and professional courses, e.g., CIPD, etc.) will be protected
>under the "vocational training" provisions, but not others. Am reading
>this too literally, or what?
>
>Comments on the proverbial admin-eo postcard, please!
>
>Best wishes,
>Faith
>-------------------------
>Faith Marchal
>HR Consultant - Diversity
>Anglia Polytechnic University
>Bishop Hall Lane
>Chelmsford CM1 1SQ
>e-mail: [log in to unmask]
>tel: 01245 493131, ext 4928
>**********
>The Equality Challenge Unit promotes diversity and equality of opportunity
>for all who work or seek to work in higher education. We are sponsored by
>the representative bodies (SCOP and Universities UK) and the four UK HE
>funding bodies.
>
>Although every effort is made to ensure that the information contained
>within this email is timely and accurate, the Equality Challenge Unit
>cannot be held responsible for any unintentional errors or omissions.
>
>The information provided in this email is not intended to be either
>legally binding or contractual in nature. Should you require more specific
>advice regarding the application of equalities legislation, it is
>recommended that you consult an appropriately qualified legal professional.
>
>This message is confidential. If you are not the intended recipient you
>should not copy or disclose this message to anyone but should kindly
>notify the sender and delete the message. Opinions, conclusions and other
>information in this message which do not relate to the official business
>of the ECU shall be understood as neither given nor endorsed by it. No
>contracts shall be concluded by means of this e-mail. Neither ECU nor the
>sender accepts any responsibility for viruses. The administrator of this
>e-mail service (Universities UK) reserves the right to access and disclose
>all messages sent over its e-mail system.
>**********
Marcella Wright
Head of the Equality Unit
Tel: 4982
Fax: 5094
**********
The Equality Challenge Unit promotes diversity and equality of opportunity for all who work or seek to work in higher education. We are sponsored by the representative bodies (SCOP and Universities UK) and the four UK HE funding bodies.
Although every effort is made to ensure that the information contained within this email is timely and accurate, the Equality Challenge Unit cannot be held responsible for any unintentional errors or omissions.
The information provided in this email is not intended to be either legally binding or contractual in nature. Should you require more specific advice regarding the application of equalities legislation, it is recommended that you consult an appropriately qualified legal professional.
This message is confidential. If you are not the intended recipient you should not copy or disclose this message to anyone but should kindly notify the sender and delete the message. Opinions, conclusions and other information in this message which do not relate to the official business of the ECU shall be understood as neither given nor endorsed by it. No contracts shall be concluded by means of this e-mail. Neither ECU nor the sender accepts any responsibility for viruses. The administrator of this e-mail service (Universities UK) reserves the right to access and disclose all messages sent over its e-mail system.
**********
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