A County Down man who experienced age discrimination has accepted £70,000 compensation

BELFAST (Northern Ireland News), June 5, 2008:

On the day that Northern Ireland Employment and Learning Minister Sir Reg Empey highlighted the importance of equality in "both the Northern Ireland and European contexts", a Belfast timber firm, accused of age discrimination, has agreed to pay a County Down man £70,000 compensation, in a landmark ruling.

Terence McCoy, from Newtownards, was rejected for two sales jobs at James McGregor & Son Ltd in 2006. Mr McCoy was aged 58 at the time.

Mr McCoy took his case to an industrial tribunal, in January, aided by the Equality Commission in Belfast.

As the results of the tribunal became known, Sir Reg Empey was addressing the European Commission's fifth Annual Anti-Discrimination Thematic Conference.

He said: "My department, through the 'EQUAL' Community Initiative Programme, is committed to ensuring that no-one is denied access to employment."

The comments were particularly appropriate given the previous day's tribunal which was centred on the link between the use of the word "drive", in reference to the job, and its possible connection to age.

The tribunal's decision was that Mr McCoy had been the victim of age discrimination. The first such finding in Northern Ireland since Employment Equality (Age) Regulations were introduced.

A hearing had been scheduled by the tribunal to discuss remedies for the case, but both parties reached a settlement of £70,000, with the firm agreeing to meet with the Equality Commission regarding procedures and practices.

Discrimination was found to be in the use of the phrase "youthful enthusiasm" in the job advertisement.

Mr McCoy, who had been rejected for the posts after two interviews, "but for his age would more probably than not have been selected for one of the two posts", according to the tribunal.

"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," said Mr McCoy.

The Equality Commission's Eileen Lavery said all employers must treat such issues seriously.

"Decisions about recruitment, or any other matters in the workplace, should not be based on assumptions about the capacity or suitability of individuals just because of their age," Mrs Lavery told the BBC.

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