FAW probed over ‘old age inequality’
THE Equality and Human Rights Commission is looking into an allegation that the Football Association of Wales is breaching equality legislation by banning over-65s from standing for its board.
Three years ago, people aged over 70 were prohibited from standing, and from next year, the upper age limit will be dropped to 65 for those wishing to become members of the FAW’s executive board and area councils.
Now the EHRC is investigating following a complaint made by pensioners’ campaigner Roy Jones, from Colwyn Bay.
The FAW says it wants younger people with fresh ideas to join the board. But Mr Jones has received legal advice that the ban is unlawful under the Equalities Act 2010 According to Mr Jones and his advisers, the Equality Act 2010 made it unlawful to discriminate against people on the basis of age.
But the FAW argues that because board membership is unpaid, the Act’s provisions do not apply.
However, a letter to the FAW from Clare Lane, director of the office of the Older People’s Commissioner for Wales, said: “The issues raised within Mr Jones’ query are very important ones.
“Fundamentally the issue relates to the rights of older people within the Equality Act 2010, which now recognises ‘age’ as one of the protected characteristics.
“The age discrimination provisions of the Equality Act which relate specifically to employment under Section 49 do not categorise directors who are ‘not entitled to remuneration’ as employees. The Equality Act 2010 however does not relate only to employment related discrimination, nor does it state that private limited companies are exempt from its provisions.
“The definition of ‘association’ contained within the Equality Act 2010 Part 7 defines an ‘association’ as ‘any group of 25 or more members’. This definition clearly applies to the Football Association of Wales.
“I therefore consider that the Equality Act 2010 establishes clear equalities duties upon the Football Association of Wales and that your organisation has no exemption from this legislation. I must stress in no uncertain terms that ‘age’ is an equal protected characteristic of equal standing in law to race, gender, sexual orientation, religion or belief, marriage and civil partnership, pregnancy and maternity, gender reassignment, disability.”
FAW chief executive Jonathan Ford did not wish to comment. But a source close to the FAW’s leadership said: “The whole point of the change is to bring on younger people. We currently have 36 board members, and apart from a couple of younger people the average age of members is around 75.
“Once people have been on the board for 21 years they can become life members, which means they stay until the day they die. No other major business in Wales would have such a situation. We need younger people with fresh ideas: the FAW needs to modernise.
“It’s not a question of discriminating against older people – it’s about getting new blood and moving away from the ‘Buggins’ turn’ mentality that sees people elected to the board simply because they’ve been around for a long time. In stopping people aged 65 from standing, the FAW is doing the same as Uefa, the English FA, the Scottish FA and the Northern Ireland FA. The legal advice the FAW has received is that the decision is entirely lawful.”