Man wins North's first age discrimination case

A Newtownards man is set to win compensation in the North's first age discrimination case, it emerged today.

Terence McCoy, 59, was unlawfully denied a job at an east Belfast timber merchants, an industrial tribunal has ruled.

James McGregor & Sons Ltd in Sydenham is the first business in the North to fall foul of the legislation outlawing discrimination on the grounds of age.

The tribunal, which heard the case late last year, will decide what damages Mr McCoy should be paid at a new hearing next month.

The experienced Co Down timber salesman said he felt like he'd been "flung on the scrapheap" when he failed to land one of two jobs advertised by McGregors in December 2006. Two younger candidates were eventually appointed to the positions.

"I was convinced that I was passed over because of my age," he said today. "I know that my experience and knowledge of the timber trade made me a strong candidate for one of these posts."

The tribunal heard that during his interview with the firm Mr McCoy, then 58, was asked "age-related questions".

"Queries were raised with him regarding such matters as his drive and motivation at the age of 58," according to the tribunal ruling.

The firm was also criticised for stating that it was seeking candidates with "youthful enthusiasm" in its newspaper advert.

The tribunal ruled that the during the recruitment process the company had drawn a link "between the issues of age and the concept of what has been variously referred to in the case as 'enthusiasm', 'motivation' and 'drive'."

"But for his age, the claimant (Mr McCoy) would more probably than not have been selected for one of the two posts," it found.

Mr McCoy, who later found a job elsewhere, said: "I am very pleased that the tribunal has made this finding which confirms that I was subject to unlawful age discrimination."

The Employment Equality (Age) Regulations were introduced in the North in October 2006.

The Northern Ireland Equality Commission said the decision sent a clear message to all employers.

"This emphasises the need for everyone involved in recruitment exercises to guard against making decisions based upon assumptions that the age of the applicant might mean they would be less likely to have certain qualities," said Eileen Lavery from the commission.

"In this case, Mr McCoy's considerable experience and personal qualities were put to one side and younger people preferred.

"It is a substantial disadvantage for anyone to be denied a job because of their age.

"Arbitrary assumptions about capabilities, made on the grounds of age, do not make good business sense."

A spokeswoman for McGregor & Sons said no-one was available to comment on the case.