Positive Age Discrimination or Age Discrimination - General - HR in Schools and Academies

3 Positive Age Discrimination or Age Discrimination

Cath | 0 Posts

3 Jun, 2019 15:04

We work with young carers (school age) and we are developing a school based project which will develop a network of young carers where they can meet, chat and share the good and bad that they encounter. We would like to appoint a "young person" to co-ordinate this network on a part-time fixed-term basis. Our current experience of working with Young Carers is that they relate better to a younger person (18-21) therefore belonging to a particular age group we feel is essential for a job. The criteria for this role

Good education attainment at secondary school
Experience of being a young carer
A friendly and relaxed attitude
Good organisational skills

Work flexible hours that meet the needs of the service
Remain calm under pressure
Use their own initiative when taking part in a variety of activities
Work as part of a team
Analyse information
Write to a good standard

Is this sufficient to be classed as an occupational requirement?

I look forward to hearing from you and thank you for taking the time to read this.

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Keith | 0 Posts

3 Jun, 2019 15:36

You will need to be able to demonstrate and prove that your service users do respond significantly better to people in your target age group than any other age group and that the personal characteristics of the candidate don't outweigh this general age categorisation.

Your criteria for the role (set out above) could equally apply to any age and there is nothing in them that relates specifically to the age you are wishing to set as an occupational requirement.

You will need to show that the requirements under the Equality Act are met and that your job can only be performed effectively by someone with the particular protected characteristic,of being 18-21.

To rely on the exception, you must show that, having regard to the nature or context of the work, having the particular protected characteristic is an occupational requirement and that the application of the requirement is a proportionate means of achieving a legitimate aim.

I thinks its certainly potentially possible to do so....but you need to provide some evidence or proof.
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Cath | 0 Posts

3 Jun, 2019 15:41

In reply to Keith:
Thanks very much Keith, that's really helpful
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Robey | 0 Posts

4 Jun, 2019 08:57

I think you're on thin ice, here.

Even if, as Keith suggests, you could provide empirical data to show better relateability to those in the 18-21 bracket, that doesn't mean that those outside lack relateability and could have better skills in other areas.

I would be inclined to remove all age-related criteria from the advert, but instead to formulate a marketing strategy for the role that made it likely to attract younger people over older. You can do this with the language of the advert, the places where you advertise and the application process. An older person who is sufficiently connected with younger culture to spot, relate to, and apply for the role is therefore likely to have the same qualities you're looking for regardless of their physical age.

Btw, when composing an advert aimed at younger candidates, do get it reviewed by some actual young people. Otherwise there is a risk of straying into some pretty cringeworthy territory
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