The Workplace Relations Commission has upheld a claim of discrimination on age grounds in breach of Section 5 of the Equal Status Acts against the Department of Social Protection (DPS).
The claimant was a UK national who had returned to Ireland having lived in here previously. The claimant’s application for Supplementary Welfare Allowance was refused by the DPS on the basis that he failed to establish ‘habitual residence’ in Ireland as required under the relevant social welfare legislation. The claimant appealed the refusal of the payment successfully with the support of NASC (The Irish Immigrant Support Centre) and was awarded arrears six months later.
The issue to be decided by the Adjudication Officer concerned whether the claimant was discriminated against on age grounds by the DPS in arriving at the original decision to refuse benefits. The claim rested upon a single reference to the claimant’s age in the report and recommendation of the Community Welfare Officer. This reference stated
‘’…He is currently residing in X hostel and in my opinion his prospect of work is low due to his age and the huge demand for jobs for the people already residing here…’’
According to the case made on behalf of the claimant, his age had been used against him. In meeting this claim, the DSP refuted that the single reference to age could amount to discrimination and contended that the claimant had been treated as any other person in similar circumstance. Whilst the DPS agreed that age was not a factor in assessing ‘habitual residence’, it contended that age, amongst other relevant factors, could be considered in the discretionary element of the decision on whether to grant Supplementary Welfare Allowance.
Although the Adjudication Officer was satisfied that the reference to age was factual in the course of carrying out investigations under the legislation, the claim of discrimination on age grounds was upheld as it was considered discriminatory to refer to age as constituting an obstacle to employment, given the discretionary element to granting the payment.
An award of €800 was made to the claimant together with a request to the DSP to promote equality training in accordance with its Section 42 Public Sector Duty for all designated persons involved in decision making. Specifically, an IHREC (Irish Human Rights and Equality Commission) 40 minute on line training module was recommended to be shown within 6 months of the decision.
Meanwhile, the Women and Equalities Committee in the House of Commons has just published a report which found that the UK Government and the Equality and Human Rights Commission are failing to enforce the law on age discrimination. The report outlines a number of recommendations which call on the Government with work with the Commission to agree specific enforcement actions across both public and private sectors.
Click here for the decision in Costello v Department of Social Protection.
Click here for the UK report on Older People and Employment.