McCoy v James McGregor & Sons Limited, Dixon and Aitken 00237/07IT
Resource type: Binary Document
Status:
Published on 24-Oct-2007
Jurisdiction:
Northern Ireland
In
McCoy v McGregor and Sons Limited and others, 00237/07IT a Northern Ireland Industrial Tribunal found that a timber merchant had discriminated against a job applicant on the grounds of his age. The employer discriminated in the arrangements made for the purpose of determining to whom it offered employment and by refusing to offer or deliberately not offering the claimant employment.
The employer advertised for a sales representative with "youthful enthusiasm" and rejected the claimant, who was aged 58 and had over 30 years' relevant experience. Instead, two significantly less experienced applicants, both 15 years younger than the claimant, were offered jobs. The tribunal decided it was appropriate to draw an inference from the usage of the term "youthful enthusiasm" when taken in the context of other evidence in the case. The other evidence included asking the claimant questions which linked his age with energy, motivation and enthusaism in each of his three interviews and "ad hoc" scoring characterised by obscurity and a "lack of transparency" during the interviews of the three candidates.
PLC Employment