Commission Provided Legal Representation to Two Men in Long-Running Legal Battle to Successfully Challenge Age Discrimination
The Irish Human Rights and Equality Commission (the ‘Commission’) has welcomed important determinations issued by the Labour Court this week confirming that regulations providing for a maximum age of 35 for recruitment to An Garda Síochána are discriminatory on the grounds of age. The Commission provided legal representation to both men at the centre of these cases to challenge this discrimination.
The Minister for Justice and Equality and the Commissioner of An Garda Síochána had appealed a 2020 ruling by the Workplace Relations Commission (“WRC”) that two men, Ronald Boyle and Brian Fitzpatrick, were discriminated against by An Garda Síochána when refused access to employment on the basis of their ages.
The two men had sought to join An Garda Síochána between 2005 and 2007, when they were aged 48 and 37 respectively. Both men were refused entry based on Garda regulations, which set the maximum age limit for entry as a trainee at 35.
Both men brought complaints before the Equality Tribunal (the predecessor to the WRC) on the basis that the maximum age limit for entry to An Garda Síochána amounted to age discrimination under the Employment Equality Act 1998, the national legislation that gives effect to the EU Framework Directive on equal treatment in employment.
The two men fought for 15 years to secure the WRC ruling of November 2020 in their favour. The original cases were put on hold pending a number of legal challenges through the courts which ultimately saw the Supreme Court refer the case to the Court of Justice of the European Union (‘CJEU’). The EU’s highest court was asked to rule on whether the WRC, as a body tasked with giving effect to EU law, had the authority to dis-apply Irish law that conflicts with existing EU law. The CJEU’s landmark 2018 ruling stated that the WRC did hold such power and cleared the way for the two men’s cases to proceed.
In 2020, the WRC adjudicator found that a maximum age limit of 35 for recruitment was not proportionate and was discriminatory. This ruling was then appealed to the Labour Court by the Minister for Justice and Equality and the Commissioner of An Garda Síochána.
In its determination, the Labour Court rejected the appeal and upheld the decision of the WRC. The Labour Court held that the maximum age limit of 35 neither constitutes a genuine and occupational requirement nor is objectively justified. Accordingly, the Court determined that the Complainants were discriminated against on the grounds of age.
In the circumstances, the Court awarded the maximum compensation possible under the equality legislation in force at the time of lodging their complaints in 2006 of €12,700 to each man.
Sinéad Gibney Chief Commissioner of the Irish Human Rights and Equality Commission stated:
“Brian and Ronald were denied any prospect of providing service to the State as members of An Garda Síochána due to their age and likewise, the State also lost out on the opportunity to avail of their skills and experience, due to arbitrary age limits.
This ruling sends a clear message to any employer that that there is absolutely no place for age discrimination in the workplace in Ireland today. After more than 15 years of fighting for their rights against the discrimination they experienced, I congratulate both men and wish them well in their futures.”
ENDS
For further information, please contact:
Sarah Clarkin, IHREC Communications Manager,
01 852 9641 / 087 468 7760
Follow us on twitter @_IHREC
Notes to Editor
The Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.
Under its legal functions set out in the Irish Human Rights and Equality Commission Act 2014, the Commission can, in certain circumstances, provide legal assistance to a person who wishes to bring a matter of human rights or equality of treatment before the Courts or the Workplace Relations Commission.
Assistance under Section 40 of the Act means any or all of the following:
a) the provision, or the arranging for the provision of, legal advice to the applicant;
b) the provision, or the arranging for the provision of, legal representation to the applicant
c) the provision of such other assistance to the applicant as the Commission deems appropriate in the circumstances