Fly747, Cyril, Raven and others
have stated that RA55 is in breach UK Law. To their mind this is a given fact and the rest of their argument flows from there.
A bit of googling reveals the cornerstone legislation in the UK is The Employment Equality (Age) Regulation 2006. I understand that this is the legalisation that Charlie was barred from using because he operates a foreign registered aircraft.
Given that this Regulation is EU based it must be seen as the current Authority on UK, if not EU, Age discrimination. Google also revealed a review of the Regulation by an Employment Partner at Freshfields (a major UK Law firm) and I quote
"An employer may be able to defend both direct and indirect discrimination claims if it can show the discrimination is a "proportionate means of achieving a legitimate aim". A "legitimate aim" must correspond with a real need of an employer and could include business efficiency..... If a "legitimate aim" can be achieve by a less discriminatory method, it should be used.... It will not be acceptable to discriminate because it is more expensive not to..."
So it would seem you can discriminate on age, so long as you are trying to achieve a legitimate aim. Given that we are promoted on a seniority system (it says here ho ho) the company will say that to ensure business efficiency it needs the continued promotion of the junior ranks. To achieve this it needs to continously retire at the top and that it has no other means of achieving this legitimate aim. This is in all the COS99 Pilots' contracts; Charlie achieved his command by this method and guys junior to him are also relying on this method.
No apology for bringing reasoned debate into the thread....