Mini mums,
whatever your beliefs the legislation is unlikely to enshrine them unless you cite a particular part of it ?
Seniority doesn't ensure one person is any more capable of a command than another person. What it does do is to provide an orderly queue for the
consideration for promotion. Although neither seniority nor subjective merit based systems are really relevant to this particular topic, any long term loyalty,reward etc. is subject to an exemption by virtue of paragraph 32 of the legislation :
Where B's length of service exceeds 5 years, it must reasonably appear to A that the way in which he uses the criterion of length of service, in relation to the award in respect of which B is put at a disadvantage, fulfils a business need of his undertaking (for example, by encouraging the loyalty or motivation, or rewarding the experience, of some or all of his workers).
Blinkers aside
, there are a great many indeed the majority of pilots who may be suitable for command. Where seniority systems are in effect there are regularly convened Command assesment boards who decide who is suitable for being put forward for a command assesment as and when their seniority places them at that point in the queue. This is unlikely to change unless an individual employer refuses to fairly consider a candidate based on their age.
You need to differentiate between the right to promotion (which doesn't really exist) with the right to be
considered for promotion ( which is what happens in either system).
I suppose you could start any action you like but the discrimination must be real and unlawful, not simply something that you would like it to be. Again which particular part of this instrument do you feel supports your contention ?