NIIT Age discrimination is now prohibited, in certain employment situations, by the Employment Equality (Age) Regulations (Northern Ireland) 2006 (‘the Regulations’).
The provisions of the Regulations which are relevant in the present context came into force on 1 October 2006.
Article 7(1) of the Regulations makes it unlawful for an employer, in the context of an employment recruitment process, to discriminate against a person:
‘(a) in the arrangements he makes for the purpose of determining to whom he should offer employment;
. . (c) by refusing to offer, or deliberately not offering, [that person] employment’.
In the context of Regulation 7, the word ‘discriminate’ covers both age discrimination and victimisation discrimination.
What is commonly described as ‘direct’ age discrimination is provided for at Regulation 3, in the following terms:
‘(1) For the purposes of these Regulations, a person (‘A’) discriminates against another person (‘B’) if –
(a) on the grounds of B’s age, A treats B less favourably than he treats or would treat other persons . .
and A cannot show the treatment . . to be a proportionate means of achieving a legitimate aim’.
Victimisation discrimination (which, in essence, is retaliatory discrimination) is defined at Regulation 4. It covers only situations in which ‘A’ has treated ‘B’ less favourably than A treats or would treat other persons in the same circumstances, and does so by reason that:
B has carried out one of a number of specified acts (usually referred to as a ‘protected act’) or
A knows that B intends to carry out a protected act, or suspects that B has done or intends to do a protected act.
For the purposes of Regulation 4, a person carries out a protected act only if his actions fall within the scope of the list which is set out at paragraph (1) of Regulation 4.
According to that list, B carries out a protected act if B has:
‘(a) brought proceedings against A or any other person under these Regulations;
(b) given evidence or information in connection with proceedings brought by any person against A or any other person under these Regulations;
c) otherwise done anything under or by reference to these Regulations in relation to A or any other person; or
(d) alleged that A or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of these Regulations. . ‘
Citations:
[2009] NIIT 148 – 08IT
Links:
Statutes:
Employment Equality (Age) Regulations (Northern Ireland) 2006
Citing:
Cited – Amwell View School v Dogherty EAT 15-Sep-2006
amwell_dogherty
The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Employment, Discrimination
Updated: 26 July 2022; Ref: scu.346330