A 58-year old applicant successfully claimed that he had been discriminated against because of his age when he was rejected for a sales post for which he had strong qualifications. The tribunal drew an inference of discrimination from the use of the phrase in the job advertisement and also found that he had been asked age-related questions in an interview, in particular about his drive and motivation at the age of 58.

The tribunal found that there was a clear link between the issue of age and the concept that was variously referred to in the case as "enthusiasm", "motivation" and "drive".

As XpertHR's line manager briefing on age discrimination [subscription required] advises, job ads should identify the skills and capabilities needed and not use language that either states or implies that someone of a particular age would be preferred. A statement in a job ad that a young, energetic person is required for a role can be used as evidence before a tribunal that older applicants have not been considered because of their age.

Our recent round up of tribunal decisions [subscription required] highlights some of the other pitfalls that can catch employers out when it comes to age discrimination.

Read more about the decision on the Equality Commission for Northern Ireland and BBC websites.

UPDATE: The case was settled before the tribunal could make an award. The BBC website has reported that the claimant accepted a settlement of £70,000 from the employer.