Age update

Report: 06b
Date: 2 February 2006
By: Chief Executive and Clerk

Summary

This report provides an update on the work that is being undertaken around age, and particularly older people, within the MPA and within London’s diverse communities.

A. Recommendations

That members endorse the progress made with work being undertaken around age, and particularly older people, within the MPA and within London's diverse communities.

B. Supporting information

Legislation

1. The Government consulted on proposals to legislate on age discrimination in “Coming of Age”. The consultation ended on 17 October. Subject to Parliamentary approval the legislation will come into force on 1 October 2006. The draft regulations:

• prohibit unjustified age discrimination in employment and vocational training
• require employers who set their retirement age below the default age of 65 to justify or change it
• introduce a new duty on employers to consider an employee’s request to continue working beyond retirement
• require employers to inform employees in writing, and at least 6 months in advance, of their intended retirement date. This will allow people to plan for their retirement
• remove the upper age limit for unfair dismissal and redundancy rights, giving older workers the same rights to claim unfair dismissal or receive a redundancy payment as younger workers, unless there is a genuine retirement
• include provisions relating to service related benefits and occupational pensions

The draft regulations also remove the age limits for Statutory Sick Pay, Statutory Maternity Pay, Statutory Adoption Pay and Statutory Paternity Pay.

Equality & Diversity Policy

2. At its meeting on 25 November 2004, the Full Authority approved the new Equality & Diversity Policy for the MPA. This policy places an obligation on the MPA to be exemplary. The Authority will not seek merely to follow the law but to exceed it. It will operate to a “Gold Standard”, applying the highest standard of the law to all the equality strands (race, gender, disability, sexual orientation, religion or belief and age). This is best illustrated in the application of the principles of the Race Relations (Amendment) Act to eliminate discrimination and to promote equality of opportunity and good relations in relation to all equality strands. This will benefit all staff and Londoners of all ages, but particularly those who are older.

3. It is important, in following our diversity policy, that we remember that people are not just male, lesbian, old or able-bodied or exist solely in any single state. People are complex and can exist in one or more of the diversity strands simultaneously. The MPA endeavours to refrain from a “silo” way of considering the needs of its staff and the people of London’s diverse and mixed communities.

Internal MPA issues

Retirement, Resignation and Redundancy

4. Appendix 1 is a copy of the MPA terms and conditions in respect of these three areas. It will be seen that the MPA operates in a flexible way to accommodate the needs and legitimate working and retirement desires of its older employees. Wherever possible, older staff will leave on mutually agreed retirement terms and compulsory redundancy will be a last resort.

Monitoring

5. Previously, the MPA only monitored the ages of existing staff. For this financial year we will include the ages of recruited staff and leavers. For the future we will work towards monitoring age for all staff situations (including job applications, progression, training etc.). At the end of the 2004/2005 year, the breakdown for MPA staff is as follows:

• 21-25 11
• 26-30 09
• 31-35 10
• 36-40 14
• 41-45 13
• 46-50 12
• 51-55 13
• 56-60 10
• 61-65 02

These figures show a good spread across most age ranges and validate the MPA’s stance on older workers.

Recruitment

6. The MPA’s main criterion in recruitment is suitability and it has no issue with recruiting older people. An example of this is that a number of staff in their late fifties have been recruited and issued with 5 year contracts that take them beyond the minimum retirement age of 60

Preparation for proposed legislation.

7. The MPA will have a programme during the 2006/2007 year to ensure that all policies reflect the proposed legislation and good practice. In looking at particular issues, the Head of HR is involved with the lead MPA Member on the Police Advisory Board regarding commencement and retirement ages for police officers.

8. As the actual content of the future legislation becomes known and the guidance on good practice is available, the preparation process will be focussed to ensure that the MPA, as a minimum, reflects that legislation in all that it does and says.

Generic Equality Scheme (GES)

9. In line with its commitment to apply the “Gold Standard”, the application of the highest standard of the law, the MPA has begun a large piece of work to ensure that the provisions of the Race Relations (Amendment) Act in relation to Race Equality Schemes is practiced for all 6 diversity strands. The creation of a Generic, or Single, Equality Scheme will ensure this happens. It is hoped that consultation with a wide cross-section of London’s diverse communities will assist this process and young and old people are represented on the MPA GES working group.

External MPA issues

Sponsorship.

10. In the current financial year, the MPA supported the Capital Age event, which took place at Bernie Spain Gardens, Upper Ground, South Bank, on 21 August 2005. A successful stand gave visiting Londoners information about the MPA. Reflecting our support of London’s diverse communities is very much part of our corporate and diversity strategy.

Greater London Authority

11. The MPA is an invited member of the GLA Older Peoples Strategy Project Group. This group has, since July 2004, been looking at developing a Mayoral strategy for improving the lives of London’s older people. The strategy is due to be published in April 2006.

Liaison.

12. The MPA wishes to work in union with all those bodies that exist in the London to improve the lives of older people. Nearly 30 invitations to such bodies were made for this meeting. While some of the organisations deal with the concerns of older people generally, some represent the types of situation mentioned in paragraph 3 above. One such group is Polari, which works for better services for older lesbians, gay men and bisexuals.

13. Outside of this meeting of the Equal Opportunities and Diversity Board, members of the MPA Race & Diversity Unit will be meeting with the Chief Executive of Age Concern, London. The Unit is always willing to meet with others, where appropriate, to discuss how the MPA can assist in improving the lives of Londoners.

C. Race and equality impact

It is essential that the MPA works to ensure equality and freedom from discrimination for all and policing that respects and assists all of London’s diverse communities. In the adoption of the Equality & Diversity Policy and in participating in the activities and sponsorship noted in this paper, the MPA can ensure that it carries out this task. The Generic Equality Scheme will further solidify the MPA’s commitment to improving the daily lives of Londoners. This will lead to a more contented staff and older people in London’s diverse communities who have trust and confidence in the MPA and in the policing that London receives.

D. Financial implications

1. Costs relating to age issues are currently been met from the £8000 allocated to work around the Generic Equality Scheme. Should costs arise outwith that allocation, consideration will be given to meeting them from the Race and Equality budget.

E. Background papers

• Appendix 1 - MPA Staff Handbook Part 7

F. Contact details

Report author: Doug Lewins, Race & Diversity Unit.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1: Other conditions of service [Retirement, resignation, redundancy]

Contents

1. Policy Statement
2. Rights and Responsibilities
   1. Staff [2.1]
   2. Managers [2.2]
3. Retirement
4. Other reasons for leaving

1. Policy statement

The Metropolitan Police Authority (MPA) recognises the rights of staff to leave their employment at their discretion. It also recognises that organisational change may affect the staffing structure and where this is envisaged there will be full consultation with staff to allow reasonable time for the change and options to be discussed. Where compulsory redundancy is the only option it will be executed in a fair and reasonable manner.

April 2003

2. Rights and responsibilities

2.1 Staff

Rights

• to exercise discretion on the timing and arrangement for leaving the employment of the MPA;
• to expect fair and reasonable treatment in the event of compulsory redundancy, dismissal, ill-health retirement;

Responsibilities

• to ensure adequate notice is given for leaving;
• to comply with requirements on leaving, including an exit interview.

2.2 Managers

Rights

as at 2.1 above;

Responsibilities

• to ensure staff are aware of the pension provisions;
• to discuss fully alternatives in the event a member of staff wishes to leave;
• to establish genuine reasons for leaving and seek to address any underlying problems;
• to consider fully alternatives in the event that redundancies appear likely;
• to ensure that due notice is given;
• to ensure that on leaving staff have their passes returned and are aware of their obligations under the Official Secrets Act.

3. Retirement

View chart showing retirement details

4. Other reasons for leaving

View chart showing other reasons for leaving

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