Age

  1. Definition
  2. Equality Law
  3. Policy & Guidance
  4. OU Resources
  5. External Resources

Definition

An older couple studying at a table togetherAge is defined by being of a particular age (for example being 35 years old) or by being within a range of ages (for example over 55s, or being in age band 36-30).

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Equality Law

Equality Act 2010 (Applies in England, Scotland and Wales)

Protected characteristic

Age is a protected characteristic under the Equality Act 2010.

Protection and functions

Protection is provided against discrimination, harassment and victimisation on the grounds of age and applies to employment, education, the provision of goods, facilities and services, the management of premises and the exercise of public functions.

This means protection related to age for people seeking work, current and former employees in terms of:

  • Job recruitment
  • Access to benefits and services
  • Treatment they receive.

This means protection related to age for enquirers, current and past students in terms of:

  • Student registration
  • Access to benefits and services
  • Treatment they receive.

Direct discrimination generally cannot be justified.  However, some age-based rules and practices are seen as justifiable.  Less favourable treatment of a person because of their age is not direct discrimination if the higher education institution can justify that treatment is a proportionate means of achieving a legitimate aim. 

Public sector equality duty

Age is included in the public sector duty under the Equality Act 2010 which means we have to have due regard to the need to:

  • Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act.
  • Advance equality of opportunity between persons who share a relevant characteristic and persons who do not share it.
  • Foster good relations between persons who share a relevant protected characteristic and persons who do not it.

Employment Equality (Age) Regulations (Northern Ireland) 2006 (Applies in Northern Ireland)

Prohibits discrimination, harassment and victimisation on grounds of age and applies to employment, vocational training and further and higher education.  In exceptional circumstances direct age discrimination may be permitted where a university can demonstrate that such treatment can be objectively justified.

Section 75 of the Northern Ireland Act 1998 (Applies in Northern Ireland)

The protected characteristic of age is subject to the duty placed on public authorities (which includes the OU) to have due regard to the need to promote equality of opportunity:

  • Between persons of different age, religious belief, political opinion, racial group, marital status or sexual orientation.
  • Between men and women generally.
  • Between persons with a disability and persons without.
  • Between persons with dependants and persons without.

This entails more than the elimination of discrimination and requires proactive measures to be taken to ensure equality for people of different ages in our policies and decision-making

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Policy & Guidance

Equality Scheme

Age is one of the protected characteristics within our Equality Scheme

Students

Open to All

The OU is open to all.  We have students who are in their teens, including Year 12 and 13 school students who are studying OU courses alongside A-levels.  We have students in their 90s and all ages in between.

Safeguarding

To ensure children, young people under 18 and vulnerable/protected adults are protected we implement our Safeguarding policy which covers all situations involving contact between anyone working at the University (whether paid or unpaid) and students and under 18s, whether that contact is in person (e.g. in tutorials, day schools, residential schools, field trips) or by any other means (e.g. by email, telephone, online conferencing or correspondence).  Our Safeguarding policy is published on the Essential Documents website

The policy is in line with current safeguarding/ child protection policy, legislation and guidance in England, Northern Ireland, Scotland, and Wales.

Staff

Recruitment guidance

The University's Effective Recruitment and Selection Guide and online recruitment training provides practical advice on fair, efficient and effective practice in the recruitment and selection of all categories of staff, in line with our equality and diversity policies. 

Retirement

The University has retirement policies in place.  They are available to staff on the People Services intranet site and include:

  • Retirement policy
  • Early retirement policy

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OU Resources

Monitoring Reports

We publish reports annually that provide comprehensive monitoring information, including data tables and charts related to governance, staff and students, across a wide range of participation and progress indicators at an institutional level.  View the monitoring reports 

Employee Assistance Programme

OU staff have access to the Employee Assistance Programme (EAP) which is a support/counselling service provided by PPC Worldwide for the OU. The EAP covers a range of issues such as sickness, family issues, finances etc.

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External Resources

You may find these external resources useful.

Advance HE 
The Advance HE Knowledge Hub brings together thousands of higher education resources covering a wide range of topics and themes including on equality, diversity and inclusion.

Equality and Human rights Commission 
For information about your rights related to age, browse under 'Human Rights'.  For guidance for education providers and information about the public sector equality duty, browse 'Guidance for Public sector'.

Equality Commission for Northern Ireland 
Browse under ‘NI equality legislation' (scroll down to bottom of page) for information about equality law related to age. 

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photographer: Andy Hendry