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A Northern Ireland man has won £70,000 compensation after becoming a victim of age discrimination, the BBC reports.
Terence McCoy was rejected for two sales posts with a Belfast timber company at the age of 58.
He took the case to an employment tribunal which focused on the link between the concept of "drive" and its possible connection to age.
The tribunal ruled that age discrimination was evidenced in the use of the phrase "youthful enthusiasm" in the job advertisement.
It concluded that "but for his age (Mr McCoy) would more probably than not have been selected for one of the two posts".
A hearing on remedies had been scheduled but the parties reached a settlement, with the firm paying Mr McCoy £70,000 and agreeing to liaise with the Equality Commission regarding its practices and procedures.
Age Concern states that to successfully claim age discrimination, an applicant needs to show evidence that age could have been the reason they did not get the job and the employer then has to prove it did not discriminate against the applicant.
There is no protection against age discrimination when applying for a job for those over 65, over the employer's normal retirement age if this is over 65 or within six months of 65 or the employer's normal retirement age, if that is higher.
James Townsend, senior associate in the employment practice, comments: "This judgment from the Industrial Tribunal of Northern Ireland provides an interesting insight into how an employment tribunal might deal with a similar claim brought under the Employment Equality (Age) Regulations 2006 in England and Wales.
"Be warned that the McCoy case is likely to be referred to as persuasive authority in cases concerning alleged breaches of the age regulations.
"Employers should avoid using age sensitive language when advertising and disposing of employment applications."
