Age Legislation – a sectoral perspective

Aims

To investigate the extent to which occupational sectors differ in their approaches to, and management of, an ageing workforce, and the implications of the Age Regulations (2006) for employers by sector. The project has a particular focus on five sectors: Construction, Health and Social Care, Hospitality, Retail, and Transport.

Outcomes

A series of short reports outlining sectoral responses to the ageing workforce and to age discrimination in nine occupations sectors (for publication by DWP in summer 2006)

A research report exploring the nature and reasons for sectoral diversity in employers’ approach to age management and discrimination.

Methodology

The project is in two phases. In the first, CROW has undertaken a secondary analysis of data collected through a national survey of 2087 employers, carried out by the National Institute of Economic and Social Research and the British Market Research Bureau in 2004-5. This survey explored a wide range of employment practices. The report of the NIESR survey is available for download from the DWP website as Survey of Employers policies, practices and preferences relating to age (Metcalf and Meadows 2005) - [PDF file*] . This work led to the publication of short sectoral reports on the nine sectors where sample numbers were large enough to draw reasonable conclusions.

In the second phase, CROW is conducting interviews with 70 employers, initially across the five priority sectors listed above, to explore in more depth the reasons for sectoral difference, and the likely impact of age discrimination legislation. The result of this will be a research report for publication by DWP in early 2007.

Main findings

The principal findings from the first phase are that firm size and the public/private divide have a major influence on employers’ attitudes and practices in age management. They also influence whether firms are likely to be using practices which will be unlawful under the Age Regulations. Larger firms, and public sector ones, are generally more aware of the issues, and have more formal procedures for recruitment, promotion and performance management, which can protect them from claims of unfair discrimination. However, they are also more likely to have hazardous or unlawful age related practices enshrined in long standing formal agreements.

A large proportion of the differences between sectors appear to relate to these size and public/private distinction, with sectors like Retail and Construction having a high proportion of very small private sector firms, while sectors like Health and Education have a very high proportion of large and public sector firms.

However, there are also dramatic differences in the age profiles of different sector workforces. In Hospitality 38% of the workforce is under 25, while in Health and Social Care 44% are over 45, while the Business Services sector employs 96,000 people over 65, mainly in very small firms or self employment.

Funder

Department of Work and Pensions

Leader

Professor Stephen McNair
E-mail: stephen.mcnair@niace.org.uk

Report availability

The nine short sector reports will be published by the Department of Work and Pensions and available via the Age Positive website from August 2006.

The final report will be completed in January 2007, and DWP intend to publish it early in the year.