An Employment Tribunal in Northern Ireland found that a timber merchant had discriminated against a job applicant on the grounds of his age when they advertised for a sales representative with “youthful enthusiasm” and subsequently refused to offer the 58 year old a job.
At interview the job applicant was asked questions linking his age with his energy, motivation and enthusiasm. One such question, immediately following the applicant confirming his age, was whether he “still had the drive and motivation to be successful in this trade?"
The claimant who was 58 years old with over 30 years of relevant experience was rejected. Instead two applicants who were 15 years younger, significantly less experienced, and were not subjected to similar questions relating to their energy, motivation or enthusiasm, were successful in obtaining offers of employment.
The Tribunal said that it was appropriate to draw an inference from the use of the term “youthful enthusiasm” in the advertisement when considered in the context of the inappropriate questions and some inconsistencies in the interview scoring system. At the top of the score sheet for the candidate concerned the interviewer had scribbled “Age 59 - health good - question of motivation” suggesting he linked age with motivation. The interviewer’s evidence at tribunal failed to persuade them he meant otherwise and the timber merchant’s were found guilty of age discrimination.
This case is a useful reminder to employers of the recent legislation making it illegal to discriminate on the grounds of age. An employer must be vigilant when advertising vacancies to ensure that their adverts do not directly or indirectly discriminate against applicants. The employer must also be aware that some questions addressed to candidates at interview could be used as evidence to show that candidate had been discriminated against. Questions at interview should, as far as possible, be fairly given to all candidates especially where age (or other discriminatory) inferences might or could be drawn.
If you’re concerned about your current recruitment or interview and selection practice contact the
Employment Team at Follett Stock on 01872 241700.
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