School worker told ‘we’re not all going to be here for ever’ wins ageism case
A SCHOOL worker in her 70s has won an age discrimination case after her headteacher told her: “We’re not all going to be here for ever.”
The “inherently ageist” comment was made to Jackie Ware by Emma Appelby during discussions about the future of her job, an employment tribunal heard.
Jackie, 71, had no intention of stepping back but Ms Appelby and other staff at the primary school expected her to “give in and retire”, it was found.
After her job was “deleted”, Jackie was unfairly kept waiting on garden leave for three months for a new role at the school, but it never came.
She is now in line to receive compensation after successfully suing Horsenden Primary School in Greenford, West London, for age discrimination and unfair dismissal.
The Watford tribunal ruled Ms Appelby’s comment was “clearly a reference to the fact that she had surpassed retirement age”.
Jackie joined the mixed primary in July 2013 and operated the school’s swimming pool, ran Swim School and worked as an attendance and medical officer, the hearing was told. In November 2021, Ms Appelby wanted to shake up job roles and hoped Jackie would give up some duties. She disagreed with the proposals which would have resulted in a significant drop in income.
In February 2022 Jackie was told that her job had been “deleted” and was then at home on “garden leave” for three months. She was told a new job description would be given to her but it never materialised. In May 2022, Jackie was given an ultimatum – accept redundancy or return to work for only two out of three of her previous roles. She was “uncertain about her options” and accepted redundancy. Judge Jessica Smeaton ruled Ms Appelby’s comment amounted to age discrimination. The judge said: “On November 24, 2021, Ms Appelby said to Mrs Ware ‘We’re not all going to be here for ever’. The comment was clearly a reference to the fact that she had surpassed retirement age.” Compensation will be decided at a later date.