First NI age discrimination case gets £70,000 compensation
Terence McCoy, who was found in a tribunal ruling to have been subjected to age discrimination, has agreed to accept a sum of £70,000 in compensation and the employer has agreed to liaise with the NI Equality Commission regarding their practices and procedures.
Mr Terence McCoy brought the case against James McGregor & Sons Ltd with the assistance of the NI Equality Commission, and the tribunal’s decision in January 2008 that they discriminated against him on grounds of his age was the first such decision in Northern Ireland since the Employment Equality (Age) Regulations (Northern Ireland) 2006 were introduced on 1st October 2006.
The Tribunal had scheduled a hearing on remedies in the case, but the parties have agreed a settlement by which James McGregor and Sons Ltd will pay Mr McCoy £70,000 and have agreed to liaise with the Equality Commission regarding their practices and procedures.
Mr. McCoy, then aged 58, had applied for one of two posts with the Belfast timber firm and, after two interviews, was told he was unsuccessful. The Tribunal drew an inference of discrimination from the use in the recruitment advertisement of the phrase “Youthful enthusiasm”.
The Tribunal also concluded that there was a linkage made “between the issue of age and the concept of what has been variously referred to in the case as ‘enthusiasm’, ‘motivation’ and ‘drive’.
The conclusion of the Tribunal was that “but for his age, Mr. McCoy would more probably than not have been selected for one of the two posts.”
Mr. McCoy said, “I am delighted with the resolution. I am very grateful to the Equality Commission and the legal team who conducted this case for their assistance and advice throughout the process. I am relieved that this is now at an end, but I feel it is unfortunate that I was treated in such a way that it was necessary to take this action in the first place.”
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