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Training - Age Discrimination

Summary of postings

Training - Age Discrimination Happyme 25 Feb 08
Re: Training - Age DiscriminationPaul7 Mar 08
Re: Training - Age DiscriminationHappyme8 Mar 08

Details of postings

Training - Age Discrimination Happyme 25/02/2008 23:27
I know of a situation whereby there are three members of staff undertaking the same job on the same grade.  One of them is over 30 of age, the other 2 are under 25.  The younger staff members have been offered training because it is free to the employer owing to their age. The older member of staff has not been offered this training because the employer would, of course, have to pay for it.  In light of the The Employment Equality (Age) Regulations 2006 does this amount of age discrimination? I'd be grateful for your thoughts.
 
+ Re: Training - Age Discrimination Paul 07/03/2008 15:17 paulball@ eversheds com

Hi, does the training relates to a modern apprenticeship scheme?  If so, the DTI guidance about the age discrimination provisions makes reference to course fees and modern apprenticeships and states that employers are acting lawfully if they do not let the older person have free training, however, they ought to have allowed them to receive the training if the individual was willing to pay the course fees themselves.  Personally that has always seemed inconsistent with the whole purpose of the age discrimination provisions, however, the DTI guidance is clear, and I'm not aware of any Employment Tribunal decisions as yet on this point


An outright refusal to allow the older person to have the training even if they were willing to pay the course fee would be unlawful. 


Also, if the employer is a larger employer with deeper pockets, it might arguably consider waiving the fee or only requiring a percentage contribution from the older person.


Paul


 

++ Re: Training - Age Discrimination Happyme 08/03/2008 02:39
Hi Paul, it does indeed relate to apprenticeships.

Any future Employment Tribunal descisions will be interesting and I agree that it does does seem inconsistent with the age discrimination provisions.

Many thanks.

 
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