Last week anti-ageism campaigners lost their latest battle to have the UK's default retirement age, 65, scrapped.
There is one often-overlooked group of workers to whom this may be particularly relevant. Volunteer workers, providing invaluable services to communities, are increasing finding themselves having to retire from their unpaid positions, simply because of their age.
In 1998, Penelope Jago, who had been a magistrate for years, received a letter from the Lord Chancellor, expressing thanks for all her work but stating the broad view that on turning 70 she was too old to continue.
Although her colleagues didn't agree, she accepted that the work was not undemanding and that her continued presence on the Bench was not possible. The work was non-trivial, but neither she nor her colleagues considered the move necessary. But Jago had no protection – and still wouldn't. She was an unpaid volunteer and these workers appear to fall through all the legislative cracks.
While Jago's first encounter with this kind of ageism was at the end of the last century, more recently she found herself 'let go' again, this time from the Citizens' Advice Bureau.
The CAB told Jago, when she became 80, that there was no insurance available to cover her, not just for her safety and wellbeing, but also professional insurance, in case she gave advice that landed the CAB in difficulties. "Both I and my bureau manager and colleagues wondered why this hadn't been the case at 79," comments Jago. "My bureau was incredibly supportive and would, I think, have been happy for me to stay."
Technically, there is anti-ageism legislation in place to protect older workers, but it covers paid-for employment, and relates back to contract law. Few lawyers are prepared to comment on protection against ageism for older, unpaid volunteers.
Jago is far from unique. Bridget Stevenson has run the 15th Hammersmith Brownie pack for about 18 years. She has the full complement of 24 Brownies and even a waiting list, but in the middle of August she was informed she would have to retire at the end of September, on reaching her 65th birthday.
Stevenson contacted a lawyer because this appeared to be age discrimination, but there was little room for manoeuvre. "Volunteers are not protected by legislation so I don't have a leg to stand on either for the short notice or for the fact that they want me to go," she says.
'I no longer count as a responsible adult!'
"I was also told that if a new leader cannot be found, the pack will have to close down." A substitute has been found but there was another insult remaining: "After my birthday I have been told that if the younger leaders are unable to attend, I no longer count as a responsible adult and must ensure there is a parent there who is under 65!"
To describe Stevenson as annoyed is an understatement. She describes herself as 'devastated'. She is in touch with Brownies management and her MP and various parents have written letters but as yet to no avail.
There are lawyers who believe that existing employment laws should apply to volunteers as well as paid staff.
Jonathan Maude, employment partner at legal firm Hogan and Hartson, stresses that to make specific comment he would have to examine a worker's individual agreement, but he sees no reason employment law shouldn't apply.
"My feeling is that the age discrimination regulations are likely to apply to workers irrespective of whether they are volunteers not," he says.
"So, they have the same rights as full time "non volunteering" workers. In a nutshell, this is not to suffer any detriment on grounds of their age, no matter what age they are. So if someone is forced to leave because they're too old or too young the same rights apply and they can seek compensation in respect of the loss and damage suffered as a result of that departure."
He appears, however, to be in a minority in that belief. Many lawyers believe that age discrimination legislation applies only where a contract is in place, providing no protection against ageism for volunteers.
It's not all bad news. Jago has found herself yet another post, as a voluntary advisor for Age Concern.
Unsurprisingly, they haven't even asked her age.
