British Airways Cabin Staff Fight to Keep Jobs Beyond 55

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British Airways Cabin Staff Fight to Keep Jobs Beyond 55

By Nikki Tait, The Financial Times

January 13, 2004

Former British Airways pilots and cabin crew on Monday mounted a legal challenge against the airline's mandatory retirement age of 55, claiming that the policy was unlawful and discriminatory.

Appearing for about 70 former employees, Robin Allen, QC, described the policy as "outdated" and accused the airline of having "ancient working practices".

The barrister said BA was out of step with practice at virtually every other carrier and the industry generally. Many airlines allow flight staff to work until 60 or later, or make continued employment dependent on regular testing, according to the claimants' lawyers.

"There are no safety issues in relation to the 55-year rule," Mr Allen told Watford employment tribunal.

He noted that the aviation authorities permitted in-flight staff to work beyond 55, and that BA employed some cabin staff who had been recruited in Japan beyond this age because of local laws.

Age discrimination is not illegal in the UK although the law is set to change in 2006 in line with a European Union directive. Accordingly, the former employees' claim is being brought on grounds which the claimants plan to illustrate through five lead cases.

The first of these focuses on pilots and cabin crew who previously worked for British Caledonian, which was taken over by BA in 1988. They claim their original employer's retirement age of 60 should continue to apply.
More generally, the claimants will argue that the BA policy is discriminatory because it affects more women than men. The policy requires anyone employed after 1971 to retire at 55, although those taken on before then can retire at 60.

The legal strategy of using sex discrimination protection to combat alleged age discrimination is not unique: it was employed in the high-profile Rutherford case, brought by two clothing industry workers in their seventies, against the trade and industry secretary.

BA said in a statement outside the tribunal that the retirement age of 55 had been introduced at the request of cabin crew and the airline negotiated such matters with union representatives.

"Although we have worked closely with our trade unions to consider an upward movement to the contractual retirement age, they have not proposed the introduction of a retirement age of 60," it said.
The hearing continues.