Civil Service Compensation Scheme (Northern Ireland) (PO-8991)

Ombudsman’s Determination

Outcome

Mr Y has complained that when he was dismissed from the Civil Service in Northern Ireland by his employing department, the Department of Regional Development (now the Department for Infrastructure) (DRD), under the inefficiency sickness absence procedure, he was unfairly denied compensation under the Compensation Scheme because of his age. He was over age 60 and the benefit was progressively withdrawn under a taper from ages 57 to 60, and no benefit was payable on dismissal for inefficiency absence past age 60.

Complaint summary

The complaint is upheld because:

· DFP has not discharged its burden of proof to show that Mr Y’s treatment and application of the cut-off for the payment of a benefit at age 60 can be objectively justified;

· the means adopted by DFP to give effect to a legitimate aim go beyond what is necessary to achieve this aim; and

· the application of a cut-off at age 60 for the payment of the compensation benefit is in breach of the non-discrimination rule, and rule 5.1 of the Compensation Scheme, applying the cut-off date at age 60, should be disregarded when determining the benefit payable.