Volunteers being forced to retire
By Jayne Warren - 07/02/2008
A measure of protection against age discrimination for older employees was achieved in 2006. But the country’s army of volunteers has no such protection. Now a Mature Times reader is asking for YOUR help to redress this travesty of natural justice.
At 69, it seems, you can apply a lifetime of experience to being a magistrate – a pivotal role within society. On your 70th birthday, all that changes. You are compelled to retire. Now Richard Ellison, a magistrate, is taking up the cudgels on their behalf – and of all volunteers, who are also exempt from protection against age discrimination.
“As a magistrate with the Central and South-West Staffordshire Bench,” he says, “I am aware that there are magistrates who are not happy with being forced to retire at seventy simply because of their age.
“I have been campaigning to change the law as it now stands since March 2006. My motives are entirely unselfish as I am 63 and not due to retire from the Bench for another seven years, and nor do I belong to any political party. I am simply against all forms of discrimination, and my only motive is to achieve a more just, fair and sensitive arrangement.
“It is now illegal to age discriminate against a person if they get paid - but perfectly legal if they are a volunteer! The Government has repeatedly stated that volunteers are the backbone of the country and how much they are appreciated - but then excludes them from the Age Discrimination Act. The protection from the law should not depend on whether you get paid or not.”
The European Commission is now investigating the British Government to find out whether the UK law contravenes any EU laws relating to age discrimination, so Richard is petitioning the Prime Minister to change the law. “This is a monumental task which I cannot achieve by myself, so I would appreciate it if your readers could join in to support me. I need 100 signatures by March 13th 2008 before the Government will respond. The current situation affects not only magistrates but all volunteers - and I am sure that many Mature Times readers are, like myself, proud to be a volunteer.”
Richard also contacted Age Concern - who are very supportive. “Age Concern completely agrees with this campaign,” they say. “We have recently produced a report: ‘Age of Equality?’ outlawing age discrimination beyond the workplace, which includes volunteering - which we argue should be treated as a 'facility'. The age rules for magistrates are among those that we are challenging in the report.”
The European Court of Justice, meanwhile, is investigating a decision from a Spanish court asking whether compulsory retirement at a certain age is compatible with Council Directive 2000/78/EC. The Advocate-General says that “the Directive did not preclude national legislation according to which compulsory retirement clauses in collective agreements are lawful under certain conditions”.
The case is yet to be resolved – but could eventually make a major difference to age discrimination within the whole arena of employment and volunteering.
However there is no need to wait for that. If the UK Government decided to “cut the Gordian knot” and pass legislation in this country it would make age discrimination unlawful – for volunteers as well as employees. In the meantime, let's all support Richard in his campaign.
The website address for you sign is: linked below. Alternatively, for those who do not have computers, you can write to: 6, St Mary's Road, Little Haywood, Stafford, ST18 0NJ. Please make sure you include your contact details.