‘Youthful enthusiasm’ and age discrimination

Posted on December 1st, by editor in Caring Times. No Comments

Anti-discrimination laws mean employers must tread carefully through the entire recruitment process – from advertisement to interview.

By PETER GROSE, partner, lester Aldridge Solicitors LLP Tel:01202 786161 Email: peter.grose@la-law.com

Care providers need to be careful of falling foul of recent discrimination legislation when recruiting staff.

McCoy v McGregor & Sons Ltd (NI Industrial Tribunal 22.10.07) is the first decision in Northern Ireland that has been made under the Employment Equality (Age) Regulations (Northern Ireland) 2006. These regulations mirror the Employment Equality (Age) Regulations 2006 which came into force in England on 1st October 2006 and so the case is of equal relevance to employers in England.

The tribunal found that Mr McCoy had been discriminated against on the basis of his age when applying for a position with a Belfast timber firm. Mr McCoy, who was then aged 58, was highly experienced for the role and had two interviews for the post before he was told he had been unsuccessful. The tribunal drew an inference of age discrimination from the recruitment

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