AGE DIVERSITY: INFORMATION FOR NUT MEMBERS

Transcription

1 AGE DIVERSITY: INFORMATION FOR NUT MEMBERS Introduction 1. The National Union of Teachers believes that there are great benefits in employing an age diverse workforce. It is important to the educational development of children that all age groups are properly represented within the teaching profession, so that children can relate to adults of all ages and benefit from a diversity of knowledge and experience on the part of teachers. 2. This paper sets out information on the age composition of the teaching profession and outlines some of the consequences of this. It then goes on to describe the legislative framework for combating age discrimination, including the Code of Practice on age diversity in employment. Finally, the guidance outlines how to apply the principles of the Code of Practice to the education system. The Age Profile of the Teaching Profession 3. DfEE figures for 1999 showed that just 17% of all teachers were aged under 30 years of age. A significant majority of teachers were between 40 and 59 years of age, with no fewer than 61% of teachers in this age bracket. Age Distribution of Teachers Percentage Under Over 60 Age range Source: Joint Submission to the School Teachers Review Body on Teachers Salaries (1999) 4. In addition, the proportion of returners to the profession had decreased. OFSTED research found that the majority of returning and part-time teachers were aged between 30 and 50. The 1998 School Teachers Review Body Report noted that an increasing proportion of entrants into teaching are new entrants as opposed to returners. Returners accounted for 58% of full-time entrants in 1987 but only 40.3 per cent in

2 5. If the age imbalance continues, there will be serious consequences in terms of the future composition of the teaching force and its ability to attract a range of applicants representative of society as a whole. 6. With almost two-thirds of the existing cohort of teachers due to retire within the next 20 years, there will be particular problems relating to the need to fill senior posts. 7. Mature entrants to the teaching profession face difficulties in securing a first teaching post. The NUT has received reports from older teachers that they are perceived as being too expensive and that they find it difficult to secure employment. 8. One NUT member s comment is set out below. To date I have applied for a total of 34 posts and attended six interviews. I have checked my letter of application with two deputy heads where I have been supply teaching. They cannot fault this and one remarked that she would be impressed to receive such a letter. However, I am 42 years of age. Another member described how she applied for a post. The job in question would have been challenging and demanding. This was because the department was in flux, with the head of department on maternity leave, new teaching methods being put into effect and the second in charge having retired at the end of the summer. I thought that in this case my maturity and the fact that I have had regular supply teaching since qualification might go in my favour but not so. The post went to a young 20 year old who had not yet completed her Postgraduate Certificate of Education (PGCE). 9. It is possible that current and future developments in both European and British government policy may help to combat age discrimination in both teaching and other occupations. These developments are outlined below. The Legislative Picture 10. The NUT believes that the voluntary Code of Practice outlined below is a step in the right direction, but the NUT would urge the government to introduce comprehensive legislation which protects against discrimination based on age. It is the NUT s belief that a voluntary Code of Practice will be ignored by many employers. 11. Age concern state that Older workers will still have no legal recourse if they think they have suffered age discrimination. We believe that only comprehensive equal opportunities legislation will enable victims to challenge employers effectively.

3 12. A survey by Equal Opportunities Review (1999) found that almost 9 out of 10 wanted the Government to legislate to put ageism on an equal footing with sex, race and disability discrimination. 13. Additionally, awareness of the Code of Practice is currently low among employers and older people, perhaps due to its non-statutory status (DfEE 2000). Companies surveyed had not made or did not expect their organisation to make policy changes as a result of the Code, as most believed that company policy or practice is already appropriate or that it currently met Government guidelines. 14. The Employers Forum on Age research, carried out two weeks after the launch of the Code, found that only one-quarter of employers were fully aware of the existence of the Code. 63 per cent have no intention of changing the way their business operates regarding ageism at work. 15. There is a need for primary legislation incorporating a statutory Code of Practice to which employers would be required to have regard. Such legislation could be part of a single statute, as proposed by the EOC, which would be based on the principle of a fundamental right to equal treatment. DfEE research demonstrates that most employers and employees believe that the Government had done insufficient work in the area of age discrimination (DfEE 2000). 16. Two new legal developments may give stronger statutory protection against age discrimination, the Human Rights Act and Article 13 of the Amsterdam Treaty. 17. from October 2000,the Human Rights Act (HRA) has effect in the UK, incorporating the European Convention on Human Rights. The HRA will require that English legislation must be framed in a way that is compatible with the relevant Convention rights, as far as it is possible to do so. 18. Article 14, Prohibition of discrimination, is not a substantive right, but it comes into play if other rights are likely to have been infringed. The prohibition is wide and no exceptions are spelt out, therefore those who feel that they have suffered from age discrimination may be able to claim under this article, if other rights have been infringed. 19. If adopted by the Council of Ministers, Article 13 of the Amsterdam Treaty provides the European Union (EU) with a legal basis to take action to combat discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation. 20. Part of the proposals to combat discrimination under Article 13 is the Employment Directive, which establishes a general framework for equal treatment in employment and occupation. If agreed by the Council of Ministers, Article 13 will mean that new legislation will be required in the UK to cover equal treatment on the grounds of age and sexual orientation.

4 The Benefits of Age Diversity in the Teaching Profession 21. It is important to the educational development of children that all age groups are properly represented within the teaching profession, so that children can relate to adults of all ages and benefit from a diversity of knowledge and experience on the part of teachers. 22.Older teachers can play an invaluable role and make significant contributions to the schools in which they work. The 1994 OFSTED report, Teacher Supply: the work of part-time and returning teachers, found that returning and part-time teachers, the majority of whom were female and aged between 30 and 50, were well-qualified, enthusiastic, confident and committed to teaching. The quality of work of the majority of teachers in the OFSTED sample was found to be significantly above the national average, with 90 per cent of lessons being satisfactory or better. Age Diversity in Employment: Government Code of Practice 23. Government research (DfEE 2000) shows that a quarter of non working people aged 50 and over, and 48% of registered unemployed people age 50 and over, felt they had suffered age discrimination in the workplace. 24. Preliminary evaluation of the workings of the Code of Practice suggest that, although employers on the surface do not endorse age discrimination, those interviewed for the evaluation reported discrimination particularly in the area of recruitment, where respondents felt that their age was the key mitigating factor against them gaining employment. 25. The Code of Practice is voluntary and does not require any action from employers. The non-statutory Code applies to all sectors of employment. It sets out Government guidance on appropriate best practice in this area. It covers good practice in six aspects of the employment cycle, as set out below. A key factor in ensuring the Code s success is a genuine commitment from management to its implementation, a commitment which should be clearly communicated throughout the organization and beyond. 26. The Code sets out the following broad principles for the six aspects of the employment cycle: Recruitment: Recruit on the basis of the skills and abilities needed to do the job. Selection: select on merit by focusing on application form information about skills and abilities and on performance at interview.

5 Promotion: base promotion on the ability or demonstrated potential to do the job. Training and Development: Encourage all employers to take advantage of relevant training opportunities. Redundancy: Base decisions on objective, job-related criteria to ensure the skills needed by the organization are retained. Retirement: ensure that retirement schemes are fairly applied, taking individual and business needs into account. Applying the Code of Practice in the Education Service: a Checklist 27. The principles set out in the code of practice should be incorporated into LEAs appointment and other procedures if they are not already in operation. 28. Appointments Procedures: Job advertisements should avoid reference to age: adverts should not, for example,state that the job would suit an NQT or a mature teacher. Other less direct references should be avoided. For example, specifying that candidates should have recent experience will discourage applications from women who wish to return to teaching after a career break as well as applications from newly qualified teachers. The principles which apply to fair selection should apply equally to the promotion process, i.e. promotion should be based on the ability, or demonstrated potential, to do the job, regardless of age. Mixed age interviewing panels should be used, to ensure that appointment decisions are not based on individual prejudices and stereotypes. Training on appointment procedures is important for all those involved in interviewing, to make sure that only job-related questions are asked and that individual prejudices based on age are not allowed to influence the selection process. 29.School Funding Schemes Fair Funding permits LEAs to fund schools on the basis of actual, rather than average, salaries. LEAs can make provision in their funding schemes for this form of salary protection for any size of school, yet few LEAs make use of this flexibility. 30.Training and development Age should not be a barrier to training: all teachers should be entitled to participate in training, regardless of age.

6 31.Further Information Employers Forum on Age Astral House 1268 London Road London SW16 4ER Tel: Fax: Age Diversity in Employment: A Code of Practice is available from: or from DfEE Publications Sherwood House Annersley Nottingham NG15 0DJ Tel: Fax: