AGE Newsflash: Successful Age Discrimination Case Won in Northern Ireland 

By AGE – the European’s Older People’s Platform

United Kingdom

July 7, 2008

Terence McCoy from Newtownards, Northern Ireland, has become the first person to win a case of age discrimination in employment in the EU. Mr McCoy who is 58 brought the case against a Belfast Timber Company after being turned down for a job as a salesman. An Industrial Tribunal judged that but for his age Mr. McCoy would "more probably than not" have been selected for the post. The tribunal drew an inference of discrimination from the use in the recruitment advertisement of the phrase "youthful enthusiasm" and concluded that there was a link between issues of age and a concept of what is described as “enthusiasm”, “motivation” and “drive”.

On 1 October 2006 new rules came into force in Northern Ireland effectively banning age discrimination in the workplace applying to staff under age 65. The Employment Equality (Age) Regulations (Northern Ireland) 2006 prohibit unjustified direct and indirect age discrimination, harassment and victimisation on grounds of age, of people of any age, young or old. Employers are no longer able to refuse an interview, a job offer, deny training or dismiss someone under 65 on the grounds of age. In Northern Ireland, the proportion of the population aged 50 or over will increase substantially in future years. In 2001, this figure was nearly 29%. It is predicted that the figure will rise to 35% by 2021 and 44% by 2041.

AGE warmly welcomes the ruling in Mr McCoy’s favour as older people often face discrimination in employment related to their age. People are living longer, remaining healthier and staying active until much later in life. The supply in the number of younger workers is falling and as it does so, older people may find they are in a position to re-write the rules of employment. AGE considers that organisations should be working harder to recruit and retain older workers who are generally seen as more conscientious, loyal and have less absenteeism. As the population ages, these qualities will be in demand and employers will have to offer attractive packages in order to keep their older, more experienced and knowledgeable workers.

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