The Rolls Royce case and unite, conclusion was that LIFO is a legitimate criteria..unless..It is used as the sole source of decision, then it is not legal as it potentially breaks EU age discrimination laws.. In other word the company would have to have LIFO plus a range of measuring tools, performance, attendance records, and in the case of pilots, sim and line check results could be used.
"It was found that whilst the use of the length of service criteria is potentially indirectly discriminatory against younger workers, so long as it is Not the sole criteria used and that it is used as a means of a legitimate aim – which in this case was to reward worker’s loyalty and desire to achieve a stable workforce – it could be objectively justified".
What this means in real terms is a guy with two years in the company but above average performance and no sickness could bump off a 20 yr average guy with average sickness.. having said that, which one would you keep as a bean counter.. the lower cost sharper guy or the jurasic plodder..I,m not saying either way is fair and equitable, but its the law.
By the way, BALPA, already know this, but if you are contributing 1 percent of 140K you are more value to them than the 1 percent of 40K,, loyalty is pocket deep.