Philip O’Brien v Ballyrobert Filling Service Station Limited, Joyce Beck & Greg Brown (CASE REF: 823/14)

The claimant, who was aged 63 at the material time, commenced employment with the respondent and made allegations that he had been discriminated against since the start of his employment and that certain comments had been made against him which were discriminatory on the grounds of his age. The tribunal also had to decide the issues of whether the claimant was subjected to harassment and victimisation. The tribunal was satisfied that the claimant did not prove facts from which the tribunal could conclude in the absence of an adequate explanation that discrimination has occurred on the grounds of age. 

The tribunal set out that the ‘two-stage test’ of direct discrimination recognised in