Policy on Age Discrimination and Retirement

SWANSEA UNIVERSITY

Policy on Age Discrimination and Retirement

Swansea University values all its staff and students equally, regardless of their age. The University aims to create an environment in which all staff and students, whatever their age, feel equally welcome and valued, and inwhich ageist behaviour is not tolerated.

The University recognises the extent of age discrimination in society, and seeks to ensure that through the implementation of the relevant policies and procedures discrimination whether intentional or unintentional does not occur.

In addition to benefiting members of staff and students individually, it also means that the University will benefit from reduced recruitment and training costs, increased staff morale and higher productivity gained through age-diverse practices.

Recruitment

Recruitment, progression and promotion are based entirely on relevantcriteria, which do not include age or age related criteria.

The use of ageist language in advertisements will be avoided- phrases such as 'applicants should be 25-35 years of age', 'young graduates' and 'mature person' are discriminatory.
Person specifications must focus on job needs only. Unnecessary standards for experience, personal qualities or qualifications will be removed from job advertisements.
Where practicable, advertisements will be designed to attract a mixed-age response through external advertising.
Age related details will be separated from the application form as far as practicable. Direct age related details (such as date of birth) will be separated via the equal opportunities monitoring form. Application forms will be reviewed to minimise inferred calculation of age.
The University will monitor age groups of candidates shortlisted, interviewed and appointed.
There will be no upper age limit restricting applications for employment.

Selection

Candidates will be selected on the basis of skills and abilities. Recruitment procedures will ensure that the process is fair, consistent and does not discriminate against a particular age group.
Only job-related questions should be asked of job applicants. Candidates will be measured against selection criteria to help decision-making.
All successful applicants will be subject of a pre-employment medical examination irrespective of age. This pre-employment medical will only be requested of the successful applicant once the selection process is complete. Assumptions about capability or medical fitness will not be based on the age of the applicant.
Panel members must not make judgements about the abilities of a candidate based on stereotypical assumptions about age.

Training and development

Promotion and career development opportunities will be provided equally for all staff whatever their age.

Procedures relating to professional review, promotionand other employment situations where selection is required (e.g. the REF) will apply to all staff regardless of age. Any such review will focus on skills, abilities and potential.
Heads of College/Schools/Departments or those to whom responsibility has been delegated must not introduce age cut-off points related to training or development.
The take-up of training and development from different ages will be monitored.
Age monitoring will be used to ensure age bias does not occur.

Pay and Conditions of Service

Specific length of service provisions relating to pay and benefitswill in general be allowed for a period of up to five years. Such provisions for longer periods will only be permitted where this can be can be justified in that the arrangement rewards loyalty, encourages motivation or recognises experience.

Pay scaleswill not be age related. Any age related criteria will be removed.

Pay structures that are based on automatic length of service entitlements up to five years are exempt from the legislation. But if for longer would need to be justified. Any new pay scales will meet theregulations of this policy or will be justified where the test of encouraging loyalty, motivation or rewarding experience is met.
All policies will be reviewed to check whether they include reference to age related or length of service related entitlement. Where age or length of service related criteria are used these will be reviewed and revised where necessary.

Dignity at Work and Study

Ageist abuse, harassment or bullying (e.g. name-calling/derogatoryjokes, unacceptable or unwanted behaviour, intrusive questions) is a serious disciplinary offence, and will be dealt with under the appropriate procedure.

Planning for Retirement

From 6 April 2011, the University, like other employers, is no longer able to issue notifications of retirement to employees on the basis of the (now repealed) default retirement age provisions. Under UK employment law, compulsory retirement is regarded as a dismissal. Prior to 6 April 2011, retirement was one of the potentially fair reasons for dismissal under the Employment Rights Act 1996, so employees who were retired in accordance with the statutory retirement procedure were not unfairly dismissed. Retirement as a potentially fair reason for dismissal has now been removed in accordance with the abolition of the default retirement age.

The changes do not mean that an individual can no longer retire, but that the decision as to whether or not to retire, and the timing of retirement, is now a matter of choice for him or her rather than being the employer’s decision. Many members of staff will still want to retire, depending on their individual circumstances and lifestyle choices.

Retirement

Retirement is no longer compulsory. Members of staff must now give notice of retirement in the same way as for resignation from appointment. Retirement is regarded in law as termination by mutual agreement or as a resignation, so it does not constitute a dismissal. The University will continue to operate voluntary severance schemes from time to time as they are unaffected by the removal of the default retirement age.

Pension Age

Pensionable ageis unaffected by the removal of the facility for the employer to retire employees. The question of whether or not (and when) a member of staff is entitled to draw on the Swansea University Pension Scheme or the Universities Superannuation Scheme is a matter for the rules of those schemes.

Members of staff who are members of USS or the Swansea University Pension Scheme willbe informed of their entitlement to receive their pension as appropriate in advance of the date when they would receive full pension benefitsand annually thereafter, to facilitate personal planning.

From 1 December 2011, USS members with qualifying service may be permitted to retire flexibly, subject to consent. Where agreed, members of staff may apply to work betweens a maximum of 80% of full time or a minimum of 20% of full time, subject to the requirements of the University. Full details will be available from the Pensions Officer or the Human Resources Department.

Professional Review

An important part of the Professional Review meeting is a discussion about future career plans. The Reviewer should ask during the course of the Professional Review where the employee would like to see him- or herself in the short, medium and long term. Holding a discussion about future plans with every employee will enable the manager to establish if and when the individual is thinking about retiring. Such discussions are important to enable the manager to plan for the employer’s future needs.

ACAS has issued guidance, “Working without the default retirement age”, which suggests that “open discussion between employers and employees about future plans, conducted in an atmosphere of trust can help facilitate the transition from work to retirement for both the individual and the business”.

It is important that the line manager explores all the relevant issues with each member of staff in an open way and avoids making assumptions based on age.

It is legitimate for the line manager to enquire about the employee’s plans for the future. The line manager should make it clear that he or she is not suggesting that the employee should retire. Asking the question will not be discriminatory as long as the manager does not attempt to influence the employee or put pressure on him or her to retire, and as long as the employee’s answer to the question, whatever it may be, does not lead to discriminatory treatment.

Managing Capability

In general, managers should give members of staff feedback on performance on a regular basis, and should not put performance problems aside until the annual Professional Reviewinterview. Regular performance feedback should include praise, where earned, and constructive criticism, where appropriate. In this way, the employee becomes aware of performance strengths and weaknessesat an early stage and has the opportunity to take steps to resolve anyproblems with the manager’s support.This may help to prevent a perception of unfair or discriminatory treatment.

These principles apply to all employees, whatever their age. Managing capability will not amount to age discrimination as long as the manager applies the same standards to everyone

Communication and Revision of this Policy

This policy will be communicated to all members of staff and will be updated as appropriate in the light of legislation and good practice.

October 2011