AGE DIVERSITY: INFORMATION FOR NUT MEMBERS Introduction ...

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
50
40
30
20
10
0
Under 30 30-39 40-49 50-59 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 1995-96.

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”.

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.

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.

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.

31.Further Information
Employers’ Forum on Age
Astral House
1268 London Road
London SW16 4ER
Tel: 020 8765 7280
Fax: 020 8765 7293
Email: efa@ace.org.uk
http://www.efa.org.uk
“Age Diversity in Employment: A Code of Practice” is available from:
http://www.dfee.gov.uk/agediversity/code.htm
or from
DfEE Publications
Sherwood House
Annersley
Nottingham
NG15 0DJ
Tel: 0845 602260
Fax: 0845 6033360