The claimant worked for the Revenue Commissioners from 1975 as an Executive Officer. He submitted that he was discriminated against by the respondent on the age ground, specifically in relation to a competition for promotion that took place in 2007. 

He had previously applied for a Higher Executive Officer (HEO) position in 2003. The complainant submitted that, in 2007, he again applied for promotion to HEO on the basis of Seniority and Suitability and, on 10th January, 2008, he received a letter from the respondent stating that he had been deemed unsuitable for promotion. He submitted that he was discriminated against by the respondent with respect to this competition. He submitted that to be deemed 'not suitable' is an