Originally Posted by
Juan Tugoh
It would be hard to enforce or even argue, in court, for a clause that has been superseded by new legislation. An illegal clause in a contract cannot be used as a legal basis for a case of unfair dismissal or the reverse. The issue of LIFO has been tested a few times and as it, in many cases, now seems to encompass an element of age discrimination - it is impossible to have 30 years in a company if you are only 21 - it may therefore, not be a great argument to rest your redundancy scheme upon, irrespective of its appearance in an MOA written many years before.
But I’ve been told by somebody above, who appears to be employed by BA, that the redundancy criteria in the MOA
has been made legal, so that’s the assumption I’m going by.
I don’t work for BA so I don’t know what your MOA says. I just believe in agreements being adhered to, otherwise its a slippery slope that affects everybody’s future.