Further to Shelly's comments below, in the ECU/Eversheds guidance on
"Age and Student Issues" similar advice is given: that an objective
justification for refusing entry to a student to a course might be
"economic factors, including the need for a reasonable period of
employment following qualification". (ACAS is quoted as the source).
Lenny
Equality Officer
Human Resources,
University of Winchester,
Sparkford Road,
Winchester,
SO22 4NR
Telephone: (01962) 827196
E-mail: [log in to unmask]
Please note that my usual office hours are 08:45-17:00 Tuesday- Friday.
----- Original Message -----
From: "Shelly Smith" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, November 01, 2007 11:26 AM
Subject: Re: staff training and age
This is a complicated issue. The advice from the Employers Forum on Age
is that you may be able to refuse to provide training/development for an
older worker if you can show that the institution would not get a return
on investment due to the proximity of the employee's retirement age and
that this would harm business/operations. Some words of caution with
this approach though:
- this would only apply if the training / development was significant in
terms of length and cost
- the institution would need to demonstrate that they expect and receive
return on investment for similar training provided to younger workers
- consider the issue of working beyond retirement age. If employees are
generally working beyond retirement age then it would be very difficult
to prove the return on investment point.
Regards
Shelly
Shelly Smith
Senior Policy Officer
Equality Challenge Unit
7th Floor, Queens House
55/56 Lincoln's Inn Fields
London, WC2A 3LJ
Tel: 020 7438 1024
Fax: 020 7438 1011
E-mail: [log in to unmask]
Switchboard: 020 7438 1010
Web: http://www.ecu.ac.uk/
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Kirsteen Coupar email
Sent: 01 November 2007 10:14
To: [log in to unmask]
Subject: staff training and age
I wondered if someone could clarify an issue on staff training and age
legislation for me.
Objective justifications for a time experience requirement in
recruitment are mentioned, in that it seems to say : If an experience
span or time requirement is felt to be justified it should not normally
be more than five years as a maximum - which implies there can be
objective justifications.
For training, we are saying There must not be any age related bias in
selection of staff for training and developmental activities, unless
there are statutory or professional requirements which meet the terms of
the legislation - but I have been queried by a member of staff on this,
saying that if an objective justification for a time experience
requirement can be made for recruitment, then shouldn't it be possible
to consider the time the member of staff has left in employment before
retirement as a justification for not offering some types of training.
I have responded stating that we cannot guarantee continued employment
for any staff member when we offer them training - they could leave
immediately after, so that I can't see this could be considered with
reference to retirement age, but must admit to being unsure as how to
interpret this in practice. Can we really expect a School to fund an
expensive course for a member of staff who has 1-2 years left before
retirement and will have little time to use the skills funded?
Any thoughts much appreciated.
Kirsteen
Kirsteen Coupar
Diversity Manager
Flat 19A, Aragon
Southwood Site
Avery Hill Campus
University of Greenwich
Eltham
London SE9 2UG
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