Main

Equality Archives

March 17, 2008

Gender pay gap | Only a radical approach will solve the "motherhood penalty"

Women in their 30s are hit hardest by the gender pay gap.

The difference between men's and women's full-time earnings, according to a TUC report, rises from 3% when they are in their 20s to 11% in their 30s.

Women's pay stagnates when they are in their 30s and most people don't find that surprising - it's the so-called "motherhood penalty".

Regardless of whether women take six months' maternity leave, or leave their jobs altogether to raise a family, in their 30s they lose out in experience, prospects, and the annual increases to their established salaries.

Women's minister Harriet Harman has promised "tough measures" in the forthcoming Equality Bill to cut the pay gap further. But it is unlikely that the Bill will be radical enough.

Continue reading "Gender pay gap | Only a radical approach will solve the "motherhood penalty"" »

April 3, 2008

Sex rules | Sign up to stop the madness!

Two business websites are calling for the introduction of new sexual harassment rules, due to come into force on 6 April, to be delayed.

These are the rules that will make employers duty bound to protect staff from being sexually harassed by customers or the public. The tabloids have helpfully noted that this means drinkers who call barmaids 'love' on a regular basis could land their local pub in a tribunal.

Now BusinessZone.co.uk and HRZone.co.uk have launched a petition on the Downing Street website calling on the government to delay the introduction of the changes until at least October to give businesses time to prepare.

The campaign is also being supported, of course, by a group on social networking site Facebook.

The petition currently boasts a whopping 37 signatures, including a Jenni Frost (didn't she used to be in Atomic Kitten?) and J Richards who worries he might be condoning bad behaviour.

Campaigners claim that the regulations were only laid down in Parliament two weeks ago and the changes have received little publicity. With the rules coming into force on Sunday, businesses have had a very limited time to prepare. The government has estimated it will cost small firms £10m to comply.

Continue reading "Sex rules | Sign up to stop the madness!" »

May 6, 2008

Equality | HR holds the key to women getting a fair deal

Another week, another body of evidence to show that women are getting a raw deal in the workplace.

News that anyone working flexibly ­- of which the vast majority are women ­- are still being passed over for promotion may not come as a great shock to HR professionals, but what are you actually doing about it in practice?

Yes, you've got the policies in place, I hear you say. And yes, you should congratulate yourselves on the progress that has been made so far. But isn't it time you revisited and reviewed how your organisation's policies are actually working?

Despite some advances, HR still has a massive job to do to maximise the use of women's skills at every level and remove the informal barriers to achieving equality. And a swift self examination should show whether your workplace is one that promotes equal opportunities for all its staff.

Continue reading "Equality | HR holds the key to women getting a fair deal" »

May 15, 2008

Equal pay | More councils will be getting Cross...

Local government HR directors working in London could be forgiven for quaking in their shoes with the news that controversial no-win no-fee lawyer Stefan Cross is heading southwards.

The MJ reports that the Newcastle-based solicitor has started advertising in the capital for equal pay cases to take on.

Cross has become somewhat of a hate figure among trade unionists in the local government sector because of his appetite to take on these kinds of claims and his pursuit of workers, mainly women, in signing up to his firm.

Continue reading "Equal pay | More councils will be getting Cross..." »

May 23, 2008

Equality | not so clever, Trevor

Publicity: it's a funny old game.

The Daily Mail, the Sun, the Mirror, the London Paper and Channel Four News all failed to credit Personnel Today with a story we wrote this week - while Equalities and Human Rights Commission chairman Trevor Phillips credited us with one we never did.

Continue reading "Equality | not so clever, Trevor " »

June 3, 2008

Agency workers rights | an opportunity not a threat

The two issues that seem to be preoccupying HR professionals at the moment are agency workers' rights and flexible working. Yes, it's the old red tape story. For a couple of decades employment regulations have kept HR in gainful employment and given the profession a useful lever to make line managers take them seriously. But cynics could say the red tape mind set reflects an us and them attitude: us being the management and the others being those pesky employees threatening to cost the organisation more money and take you to the cleaners at an employment tribunal.

On the other hand, you could turn this on its head and, instead of seeing temporary staffing and flexible working as a threat, try to see  them as strategic opportunities. This week a report by the CBI and the TUC called Talent not Tokenism showed how some firms are using flexible resourcing to their advantage. Hospitality company Botanic Inns provides employees with flexible working options and enhanced maternity and paternity pay resulting in lower staff turnover.  Even small firms (Beacon Foods, Oakwood Builders and Joinery, and mouse mat manufacturer Listawood) are taking into account the need for flexibility to look after children. 

Unfortunately the sad truth is that some HR manager's focus on the red tape reveals that they see the workforce as a liability? In other words it's the complete opposite of the HR cliche "People are our most valuable resort."

June 5, 2008

The Apprentice | Lying on CVs and age discrimination?

What another shocker. Not only is it now acceptable to lie on CVs, it's also advisable to bang on about how young you are in the hope that will win you a contract as Sir Alan's apprentice.

When The Apprentice candidate Lee McQueen lied about the length of time he'd spent at university on his CV - claiming he'd been there two years when, ahem, he dropped out after four months - he was apparently doing what many other job applicants have done and so should be forgiven.

You could see the sparkle in Sir Alan's eye when he found out poor Lee had no real education and couldn't spell. The business moguls that interviewed Lee told Sir Alan they too had lied on their CVs to get their first job - and that rather than showing dishonesty, it showed committment and a will to get on in the world.

But employment lawyers were inevitably unhappy about the act. Pinsent Masons employment partner Tom Flanagan said: "If the deceit had remained hidden and Lee went on to become the Apprentice, he could well have been in breach of his contract if it was uncovered at a later date."

Just weeks ago Patrick Imbardelli resigned from his position as chief executive, Asia Pacific Region at InterContinental Hotels Group last June, after it was discovered that he'd lied on his CV, Flanagan reminded us. 

Now in Lee's case you could see why he had lied about his education. He said so himself - he just wanted to keep up with the other candidates and he had proved his worth during the ten weeks he'd been on the show. Fine, but most candidates don't get ten weeks to prove they're good at a job.

Continue reading "The Apprentice | Lying on CVs and age discrimination?" »

June 25, 2008

Pensions crisis? | Sack older staff before it is too late

Anyone who saw the recent Personnel Today story about the 'stagnating older workforce unable to retire' will be right behind Watson Wyatt pensions expert Gary Smith in his comments about older workers who have "peaked in terms of their productivity and value to their employer" and are causing pension and succession planning headaches. The only problem is that he does not go far enough. Why not make all over-50s redundant as a precaution? Another advantage of this is that these ageing 'STAGS' (an acronym which means something like 'stagnating old gits') won't build up any more severence entitlement so you've got the double savings of pensions and redundancy payouts. 

No doubt the politically correct lobby will say this is discriminatory and that demographics mean it is important to utilise people of all ages, never mind all that old rubbish about how it is up to HR to engage and motivate employees regardless of their age. Nonsense, I say. There's a terrific film starring the late Charlton Heston, Soylent Green, where older people are made into a form of protein to feed the rest of the population. Why aren't our politicians  and think tanks coming up with innovative ideas like that?    

On the other hand, perhaps we are mixing up two issues here - the pensions issue and the issue of talent and performance management. Perhaps it is a bit suspect to make assumptions about the work performance of broad groups on the basis of age or other criteria, like gender or race for example. Where is Smith's evidence that older workers are less capable than, say, Generation Y?

Ageism - there ought to be a law against it, eh?   

 

 

June 30, 2008

Equality Bill | Measures could open a can of worms

HR legal eagles will need to swap their summer read for some serious Equality Bill swotting, following the raft of controversial new measures announced last week.

The purpose of the Bill is to 'strengthen protection, advance equality and de-clutter the law'. However, far from being a definite move in the right direction, equality minister Harriet 'Harperson's' framework document has raised a few eyebrows - in particular with its moves to allow employers to give preferential treatment to female and ethnic minority candidates.

It lacks clarity as to how a business could positively discriminate in a lawful way and, by inconsistently referring to both 'equally suitable' and 'equally qualified' candidates in describing the positive discrimination test, it raises more questions than it answers.

Continue reading "Equality Bill | Measures could open a can of worms" »

July 7, 2008

Diversity | Cash not solution to boosting diversity

The fallout from last month's unveiling of the Equality Bill continues apace. The suggestion that employers should, in effect, be paid to hire more women and black and minority ethnic (BME) workers will undoubtedly provoke controversy.

As this is a view expressed by the managing director of one of the leading names on the high street, does it truly indicate the way the wind is blowing in boardrooms across the UK?

The idea put forward by Boots' managing director Alex Gourlay suggests that top employers have yet to be fully convinced of the business case for diversity ­ if they were, surely there would be no need for financial incentives in the form of tax breaks to operate a more diverse workforce?

Continue reading "Diversity | Cash not solution to boosting diversity" »

July 8, 2008

Equality | Women, Wimbledon and the Workplace


In the wake of the Single Equality Bill and the completion of another Wimbledon tournament, much of the talk around the water-cooler has involved talk of pay gaps.

It was no surprise that the Equal Pay Commission findings revealed huge pay gaps in several industries, notably the financial sector, where on average, women receive 45% less than men each year.  And Wimbledon's decision to offer equal prize money for the first time in its 130 years was a big deal for all involved.

Continue reading "Equality | Women, Wimbledon and the Workplace" »

July 22, 2008

Equality | Better rights for new dads will improve equality

Compare paid paternity leave levels with other countries and you'll find the UK has some of the worst rights for new fathers in Europe.

The speech made last week by Nicola Brewer, Equalities and Human Rights Commission chief executive, highlighted the fact that the UK's parental rights currently support the idea that fathers are "optional seasoning" on children's lives, while mothers are the main carers ('Maternity leave could damage women's careers', Personneltoday.com, 14 July).

Continue reading "Equality | Better rights for new dads will improve equality" »

July 23, 2008

Equality | Some light bedtime reading...

The government has published its response to the consultation it held before drafting the Equality Bill.

The document can be downloaded here. Be warned - it's a weighty piece of work (more than 200 pages long) but the executive summary is useful.

It succinctly covers the government's plans on a new equality duty, gender pay, positive action, gagging clauses in pay deals, extending tribunals' powers, union equality reps.

The government also said it would be working with the Tribunals Service, employment judges "and other relevant stakeholders", to identify other ways of ensuring that lessons are learnt from tribunal judgments.

The losers it seems are the Welsh and Indian workers of lower castes. The government said it did not intend to introduced specific protection against caste discrimination or discrimination of Welsh speakers.

July 28, 2008

Discrimination | Time for silly first names to be protected?

Now that we've got discrimination laws against just about everything, I think it's time the protection offered by such legislation is extended to other often ignored groups who may suffer at the hands of discriminatory employers or colleagues.

Before you shout "what about the naturally idle," I think the case should be made for those burdened with stupid Christian - oops, sorry,  thought crime - I mean first names. For instance would you give someone called Number 16 Bus Shelter Matthews a job?  

Continue reading "Discrimination | Time for silly first names to be protected?" »

August 1, 2008

Equal pay | Clarity needed as the elephants stampede

The equal pay saga dominating the local government landscape continues to rumble on its destructive course. Equal pay is now not so much the elephant in the room but a stampeding herd of angry pachyderms.

Last week the Court of Appeal paved the way for tens of thousands of women to claim billions in compensation for unequal pay from the NHS and local authorities.

The ruling overturned a previous decision that two councils in north east England were essentially entitled to continue discriminating against female employees because they could not afford to bring them into line with the men.

Acas figures released last week also showed that the number of equal pay tribunal claims it dealt with last year more than doubled - it is now the most popular form of claim.

Continue reading "Equal pay | Clarity needed as the elephants stampede" »

October 9, 2008

Retirement age | Campaign gathers pace...

The Sunday Times ran a good piece last week on the Heyday retirement age challenge and its potential impact on older workers in the UK.

The article focused on Andrew Webster, a teacher at a West London school who was forced to retire at the age of 68, despite protests from staff and parents.

An estimated 25,000 people face default retirement in the UK every year, regardless of whether they want to continue working past the retirement age.

I was struck by comments from Neil Carberry, head of employment and pensions at the CBI, who said that getting rid of the mandatory retirement age would mean that the only way someone could be asked to leave was via a disciplinary process, which could mean "a very undignified end to some people's careers".

That's an interesting view and one I'm sure many in the HR community would have a view on.

Continue reading "Retirement age | Campaign gathers pace..." »

October 22, 2008

Mind the gap | The one between the boffin's ears

Professors don't get an easy time of it. Yet quite why they are regularly labelled as 'nutty' or 'mad' has not been entirely clear... until now that is.

For in a report that suggests that we should all stop worrying about the fact that women earn far less than men doing the same kind of job, professor JR Shackleton says that nothing the government does will change things and that the pay gap is not down to discrimination.

In fact, JR goes as far as to say there is no point in even trying as in a 'complex' society it really isn't worth the bother.

Given that discrimination plays a part in all decisions, JR's view seems a tad naive. And trawling through the nutty boffin's report Should we mind the gap? the resounding answer is yes.

While JR states the obvious quite a lot, every point the prof makes to justify the title of the report is short on logic, his conclusions are breathtakingly absurd and every one of them could easily be ended with the phrase 'or the opposite could be true because I've not really supplied any conclusive proof here'.

Nutty stuff indeed.

October 29, 2008

England expects: legal aid

Some solicitors in East Anglia - well three apparently - have banded together to form a legal unit at the English Lobby (EL) - a campaign group which, it says, promotes England and Englishness, a task worthy of Hercules, some would say.

 

 The aptly named Alan England, of Norwich - or could it be Alan Norwich of England?-  who heads the unit said: "For too long the protections provided by race relations legislation have not been enforced by English people. The English Lobby aims to right that wrong by providing access to free legal advice and assistance for all those aggrieved by anti-English discrimination."

Continue reading "England expects: legal aid" »

November 16, 2008

Gender Pay Gap | UK falls behind


What's going on in UK workplaces? Once again, it's lagging behind the rest of the continent.

The gap between men and women's pay has started to widen again, according to official government figures released on Friday.

Men are earning more than £2.33 per hour more than women on average, up 4.4% vs women's increase of 4.1%.

All the good work in the past few years is apparently now being undone.

Continue reading "Gender Pay Gap | UK falls behind" »

November 21, 2008

BNP list | No easy answers for CIPD to extremist question

Is being a member of a political party like the BNP compatible with the role of an HR professional? That, essentially, is the question the HR community is grappling with after it emerged a CIPD member was named as a British National Party activist "keen to help with resource management", on a leaked list.

Several HR directors contacted by Personnel Today insist the answer to the question is 'no' - and the institute must toughen up and be prepared to take action against members who hold such extreme views.

But others we spoke to stopped short of calling for the individual to be expelled as a member of the Chartered Institute of Personnel and Development, and that freedom of political choice should not be curtailed.

Continue reading "BNP list | No easy answers for CIPD to extremist question" »

March 6, 2009

Women 'must not be sent back to the kitchen' in the recession

Women's equal rights group the Fawcett Society is calling on the government to adopt its five-point recovery plan to help women through, what it calls, is a 'man-made recession'.

It is also calling on the government to introduce quotas for female representation on boards of listed companies, starting with the now part-nationalised banks.

Dr Katherine Rake, director of the society, said: "Women enter this recession on an unequal footing which makes them more economically vulnerable - they are more likely to work flexibly, be in part-time work, on temporary contracts and in low paid work and as a result, they have fewer resources to cushion the impact of downturn.

"This recession must not be used as an excuse to send women back to the kitchen. The enormous strides that women have made in workplace equality must be protected during tough times and we cannot afford to lose women's vital skills as we seek a route to recovery."

Continue reading "Women 'must not be sent back to the kitchen' in the recession" »

March 5, 2009

Heyday decision still means days of default retirement age are numbered

Legal comment and reaction continues to bombard the Personnel Today office following the European Court of Justice decision on the Heyday challenge to the default retirement age (DRA).

The ruling, which finds that the DRA does not contravene the European law on equal treatment, means experienced and capable older workers lose out by not having the choice of staying on in employment.

The case has now been thrown back to the UK High Court for a definitive decision, potentially later this year.

Interestingly, the CIPD seems to have backed - one way or another - our campaign to force the government to commit to scrapping the DRA in 2011, rather than merely reviewing it. The institute joins the raft of HR directors that have already pledged their support for the campaign.

Continue reading "Heyday decision still means days of default retirement age are numbered" »

March 9, 2009

ECJ Heyday decision sparks outrage

Personnel Today's drive to force the government to commit to scrapping the default retirement age (DRA) has stepped up a gear yet again, with outraged reaction from all angles to the European Court of Justice's (ECJ) decision last week to refer the Heyday legal challenge back to the UK High Court.
Even the Chartered Institute of Personnel and Development (CIPD) has made its position clear, six months after we threw our weight behind the Employers Forum on Age's (EFA) campaign to force the government to commit to remove the DRA in 2011, rather than simply review it.
CIPD employee relations adviser Mike Emmott said the government needs to realise that scrapping the DRA is "a must", adding that compulsory retirement ages "can leave organisations blindly waving goodbye to valuable skills and experience".
Meanwhile, a frustrated EFA accused the ECJ of being "behind the times". It's difficult to disagree, since many employers already have policies in place that make no assumptions about people's employability based on age. This latest verdict leaves hundreds of claims pending in tribunals, while thousands more pensioners who were forced to retire against their will have compensation claims waiting if the High Court's final ruling decides the compulsory retirement age is not justified.
On a brighter note, in this week's issue, out tomorrow (10 March) we bring you five examples of companies thriving in the downturn, from car clubs to fast food restaurants. It's great to see businesses bucking the recession trend, with their HR departments playing a key role. We will continue to bring you such success stories throughout 2009.


 

April 9, 2009

Retirement age bandwagon jumped upon

Personnel Today has been supporting a campaign to scrap the default retirement age (DRA) for several months now, in association with the Employers Forum on Age.

Now it seems a rival magazine is belatedly jumping on the bandwagon. A full three weeks after the ECJ's decision in the so-called Heyday case, the CIPD's membership magazine People Management has fallen off the fence and published an article (26 March issue) claiming the decision is the beginning of the end for the DRA.

No mention of the Employers Forum on Age in the article, who are spearheading the drive to ditch the DRA when the government reviews it in 2011.

The CIPD itself supports the scrapping of the default retirement age - it said as much after the Heyday ruling and in the pages of Personnel Today - so why is its membership mag only now coming out strongly on the issue?

One can only presume that the CIPD was waiting to see which way the ECJ lent before deciding its line, and therefore what coverage was afforded in the pages of PM.

April 28, 2009

Equality Bill fails to scrap retirement age rules

Age campaigners - and Personnel Today - are disappointed that the Equality Bill didn't include any measures to committing to scrapping the default retirement age before the current review date of 2011.

EFA chief Catharine Pusey said: "Today, with people living longer than ever before, the current rationale for continuing to enforce a default retirement age when people reach 65 is completely archaic. Every year thousands of people over 65 make huge contributions to the UK's economy and heritage, yet despite being capable of continuing in work, many more individuals are involuntarily retired at 65." 

The Employers Forum on Age had hoped that the Civil Service's decision to remove the discriminatory practice of being able to insist their employees retire at 65, would have focused the government's mind.

Continue reading "Equality Bill fails to scrap retirement age rules" »

May 12, 2009

Equality Bill won't eradicate all age discrimination

Equality minister Harriet Harman teamed up with Dame Joan Bakewell yesterday at an Age Concern event to mark the second reading of the Equality Bill in Parliament.

One of the measures in the Bill is to outlaw age discrimination, indeed Harriet said "this Bill will end the last lawful discrimination, which is against older people". She even added: "People are not over the hill at 60, so they shouldn't be refused insurance or discriminated against."

They might not be over the hill at 60 but, according to this government, they are at aged 65, when employers are legally allowed to forcefully retire people.

It doesn't make sense to me that age discrimination in accessing goods and services is to be banned, but yet it still exists in employment, despite what the government says. It's also ironic that Joan Bakewell was at the event, as earlier this year, she was strongly critical of the government's decision to introduce a default retirement age of 65

I wonder if she had a quiet word in Harriet's ear about this huge blot on the equalities landscape?

Personnel Today is supporting a campaign by the Employers Forum on Age to force the government to commit to removing the default retirement age. A review is currently planned for 2011, by which time the Equality Bill will be law. It is certainly a missed opportunity to put things right and scrap this anachronism.

May 18, 2009

Keeping older people in work can save brain cells

Research conducted by the Institute of Psychiatry at King's College London and reported in the International Journal of Geriatric Psychiatry suggests that a good way of cutting the number of people suffering from age related dementia is to keep your brain active, the BBC reports. Each extra year of employment was associated with about a six week delay in the onset of symptoms.

Another good reason for joining Personnel Today in supporting the campaign by the Employers Forum on Age to force the government to commit to removing the default retirement age, I'd say.

BBC examines The Trouble with Working Women

The BBC is dipping its toe into the thorny issue of the gender pay gap and workplace equality, with a two-part series beginning tonight (Monday).

The Trouble with Working Women sees newsreader and mum of three Sophie Raworth team up with father of three Justin Rowlatt to explore what people really think of women at work.

Nearly 40 years on from the Equal Pay Act, why is it that men still dominate the top jobs and why do men, on average, earn £369,000 more than a woman across their career?

This is the blurb from the BBC press office:
In a competitive mood from the off, Sophie and Justin conduct a series of tests, experiments and brain scans and meet people such as Harriet Harman, Labour's Deputy Leader; multi-millionaire lingerie magnate Michelle Mone; and an armed female officer at the Metropolitan Police's firing range.
In today's opener, Sophie and Justin want to find out why so few women make it to the top. Is it sexism, the practicalities of family life or biology? And, crucially, is the notion women can have it all - a successful career and a family - myth or reality?
Justin takes on former air hostess-turned-small-business woman Sylvia Tidy Harris, who thinks women with children are bad for her business and chooses not to employ women of child-bearing age. She believes this is legal - so long as she doesn't advertise when she recruits new employees.

June 30, 2009

Support for scrapping the retirement age grows


The Government Equalities Office has launched a consultation on banning age discrimination in accessing goods and services.

The measures are included in the Equality Bill and cover how the legislation will enable things that are beneficial to continue such as age-based holidays and discounts for pensioners.

Of course, age discrimination is already outlawed in the workplace as a result of regulations introduced in 2006. Or is it?

The default retirement age - included as part of these regulations - allows employers to compulsorily retire workers at age 65 without giving a reason. If that's not age discrimination then what is?

Continue reading "Support for scrapping the retirement age grows" »

July 16, 2009

Heyday retirement age case reaches final stage

Today marks what is hopefully the final stage of a three-year legal challenge against the default retirement age of 65.

The so-called Heyday case begins at the High Court where the government will attempt to make the case why its social and policy objectives make the default retirement age (DRA) necessary.

Of course the government has all but admitted defeat by bringing forward its review of the DRA by one year to 2010. That says to me that it expects to lose the Heyday case, but will argue it is already taking steps to rectify the situation.

After months of dead batting questions about the review, and whether it should be brought forward, the government has finally caved in and recognised that enforced retirement of people at age 65 is archaic.

This is a victory for campaigners - of which Personnel Today is one - that have been saying that a DRA makes no sense when you consider modern social and economic circumstances. Increasing numbers of employers are operating effectively without it.

The government has not committed to scrapping the DRA next year, but just merely review it. There will be some that argue it could be pushed up to 68, or 70, but this would still mean a discriminatory clause in the age regulations.

In the meantime, all eyes will be on the High Court over the coming days.

July 29, 2009

Retirement age debate hots up


Personnel Today and the Employers Forum on Age hosted a debate on the default retirement age (DRA) of 65 in London yesterday. The debate was chaired by FT columnist Stefan Stern, who has reported it on his blog, and featured employers and campaigners both for and against the DRA.

Whilst there were differing point of view, there seemed to be a consensus on the notion of flexible retirement, and that (awful phrase) 'choice' was crucial for both employers and employees.

One important point made was that although the government has brought forward its review of the DRA to 2010, it has yet to start the promised evidence-based review that will inform the final decision. And with a general election to be held no later than June 2010, a politically motivated decision is more likely.

The debate was filmed and video will be appearing on the Personnel Today website, and I'll try and post a short clip here as well.

On a related note, the Work and Pensions Select Committee is publishing a report tomorrow that recommends scrapping the DRA. Every pensioner that wants to continue working should be allowed to, the MPs say.

October 5, 2009

Retirement age on its last legs


Despite the recent High Court decision in the Heyday challenge to the default retirement age, which ruled that it is legal for employers to force workers to retire at 65, its days are surely numbered.

Pressure is growing on the government from all sides to scrap the DRA when it reviews the age early next year. Last week the International Monetary Fund called for a rise in the retirement age to help tackle the UK's debt mountain.

The Civil Service has said it will scrap its retirement age of 65 for all employees from April 2010; the equalities watchdog wants the Equality Bill amended to abolish the DRA; MPs of all sides are calling for it to be ditched.

Personnel Today has been campaigning for the past 12 months alongside the Employers Forum on Age for the government to commit to removing the default retirement age. Our online petition on the Number 10 website has now closed - with almost 550 signatories, many from leading HR directors.

We now await an indication from the government as to what happens next, but those employers already planning for a world without fixed retirement ages are in a very strong position.

October 30, 2009

HR must make voice heard and help ditch the DRA


The government's call for evidence on the future of the default retirement age (DRA) ahead of its review next year is an opportunity for HR to make its voice heard and influence future policy.

Over the next three months ministers want employers and business groups to submit evidence on, among other things, the operation of the DRA in practice and - more importantly - the experiences of organisations that have ditched a fixed retirement age.

This is a chance for HR teams at many top employers that have gone down this route to highlight the real benefits that ditching it can bring to a business. The CIPD must also come out strongly in favour of ditching the DRA.

When the government introduced a DRA of 65 as part of the 2006 age regulations its argument was that it did so on the basis of evidence which showed that it was necessary. It's important that the decision made next year is again made on robust evidence and not in anyway influenced by politics ahead of the general election.

As far as it's obvious, three options on the DRA lay open to the government: scrap it; keep it; or extend it. The judge in the Heyday case made clear that a DRA of 65 would probably not stand up legally now. Some have argued that it could be extended to age 70.

But what would be the point of that? Let's just do away with this arbitrary and archaic limit which allows the enforced retirement of people simply because of their age. 

November 6, 2009

'Greenism' belief ruling adds to burden on employers


The ruling that an individual's view on climate change is capable of being a philosophical belief akin to religion is most unwelcome for employers.

Unfortunately this was a mess waiting to happen following the poorly drafted 2003 Religion and Belief Regulations. The ambiguity in the law means that employers don't know who - or what - is protected from discrimination.

This ruling opens the door for abuse of the law and, regardless of whether the tribunal case is won or lost, raises the spectre of 'greenism' in the workplace.

Can an employee with strongly-held eco-beliefs refuse to fly on business, refuse to operate energy-guzzling equipment and expect abundant recycling facilities at work? And if the employer is not meeting his expectations does that amount to discrimination? It's one thing to ask not to be persecuted for your views, but quite another to rush to court when you feel they are not being taken seriously enough.

Taken to its fullest conclusion, the ruling may also mean that firms now have to think about environmental issues and sustainability in a different way, as to not risk 'upsetting' certain individuals. That would be a backward step.

And where does it stop? As one commentator pointed out, people live their lives in all kinds of ways that, at a push, could be argued to be a 'philosophical belief'. How long before we see claims for veganism, pacifism or socialism?

The weight of discrimination law is already a heavy burden on employers, this latest ruling makes that burden increasingly intolerable.

January 22, 2010

EHRC plans on gender reporting will have little effect


The proposals on gender pay reporting by the Equality and Human Rights Commission (EHRC) received a decidedly mixed welcome from some HR directors and employers' groups.
 
The commission's promise of two-year immunity from investigation for those firms that go public with their pay gaps, designed to make the tough medicine a little sweeter, is also likely to make little difference. The CBI has already said the proposals risk backfiring and has withdrawn its support for them.

The new regulations will undoubtedly be felt hardest by firms in the financial services sector, where the watchdog's own figures have shown women in some organisations receiving up to 80% less in performance-related pay than their male colleagues. But, as one employment lawyer warned last week, transparency on pay is an admirable concept, but elusive to achieve in practice.

Publishing pay statistics might indeed grant employers immunity from investigation, but that data will be poured over by employees, job applicants, as well as competitors - and may lead to some particularly negative publicity. Legal experts have even raised the possibility of female staff being targeted by no win, no fee lawyers looking to encourage them to bring equal pay and/or sex discrimination claims.
 
Underpinning this is the reserve power contained in the Equality Bill which could lead to mandatory reporting of pay gaps by 2013. So it seems the case that when weighing up the risks of volunteering this information, many employers will feel damned if they do and damned if they don't.
 

July 8, 2010

Coalition should have given date to scrap the default retirement age


Of the many measures announced in last month's Emergency Budget to concern employers, perhaps the least surprising was the confirmation the coalition government plans to scrap the default retirement age (DRA) of 65.

The government revealed it would "quickly phase out" the DRA from April next year - although offering no timescale for this process - and consult with employers on how best to do so. What again?

Continue reading "Coalition should have given date to scrap the default retirement age" »

About Equality

This page contains an archive of all entries posted to Editors Blog in the Equality category. They are listed from oldest to newest.

Employee Relations is the previous category.

Human Resources is the next category.

Many more can be found on the main index page or by looking through the archives.