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Since 1 October 2006, when discrimination on the grounds
of age was outlawed by the Employment Equality (Age) Regulations,
the sudden rush of tribunal claims many predicted has not
occurred. Nevertheless, there has been a steady stream of
interesting decisions to report including a recent decision
in an employment tribunal in Northern Ireland (McCoy v James
McGregor and Sons Ltd).
This was the first age discrimination
decision in Northern Ireland and the employment tribunal
found that the use of the term "youthful enthusiasm" in
a job advertisement did not comply with the Employment
Equality (Age) Regulations (Northern Ireland) 2006. This
should alert employers to the fact that the wording used
in advertisements, even if not explicitly excluding candidates
over a certain age, has the potential to be discriminatory.
The Claimant, who had many years of
experience in the industry, applied for a sales post at
a timber firm (the Respondent) at the age of 58. He was
rejected after two interviews and younger individuals were
appointed. The candidate sought was to have "youthful enthusiasm",
as specifically stated in the job advertisement, and the
Claimant was also repeatedly asked in interview whether
he had the required "drive" and "motivation" for the
role. This illustrated that age was a factor in the decision
not to appoint the Claimant and the employment tribunal
held the decision was discriminatory.
© Davenport Lyons 2008. All rights
reserved.
This document reflects the law and practice as at February
2008. It is general in nature, and does not purport in any
way to be comprehensive or a substitute for specialist legal
advice in individual circumstances. |
