Discrimination could also be a factor, though it isn't clear how much, he said.

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The legislation would make it clear that when a victim shows discrimination was a "motivating factor" behind a decision, the burden is on the employer to show it complied with the law.

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"The tribunal determined that the company, and those involved in the recruitment, took account of Mr McCoy's age as being a relevant factor in the selection process, and that this constituted unlawful discrimination, " she said.

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