Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Age discriminationEmployee relationsEmployment lawEquality, diversity and inclusionLatest News

Air traffic control age limit found to be ageist

by John Charlton 27 Feb 2009
by John Charlton 27 Feb 2009

London Central Employment Tribunal has ruled that the National Air Traffic Services (NATS) ban on considering candidates aged 36 and above for air traffic control jobs is unlawful under the 2006 Age Discrimination regulations.

The case was brought by P Baker, 51, who made an online application to NATS for a trainee air traffic controller position but was rejected automatically because of his age. He had aviation experience, including a civil pilot’s licence, and had wished to pursue a career as a commercial pilot but lacked the funds to pursue the necessary qualifications.

NATS told the tribunal that its age limit was based on concerns about safety, possible declines in performance related to age, and the cost of training, which it put at about £600,000 per trainee. It told Personnel Today that it had commissioned independent research which indicated that performance in relevant areas could fall away with age.

But Baker’s legal representative, Virginia Allen, associate at Baker and McKenzie, said NATS “didn’t supply sufficient evidence to justify its age limit.”

NATS said it was “disappointed by the tribunal’s judgment”.

“Independent research demonstrated that the skills used by controllers working in a high-performance environment decline after age 45 unless the individual has some 10 years’ experience before that point. NATS controllers must be capable of operating to our exacting standards in some of the world’s busiest and most complex environments.”

It added: “Our only interest has been to provide a safe air traffic control service, and we will be taking time to study the tribunal’s decision before deciding how best to move forward.”

When the age discrimination regulations were applied in 2006, NATS removed the age limit from its recruitment website and did recruit a 41-year-old to a trainee position, but it reinstated the age limit in 2007.

Allen said Baker may re-apply if NATS changes its recruitment policy. Baker and McKenzie said that many countries do not operate a ban on older recruits, including Canada, Spain and Ireland. But the US has an upper age limit of 25 for trainees, as did NATS in the 1980s.

The tribunal said it was “concerned that the assumptions about age are ingrained and will be difficult to eradicate”. It added that NATS “may need to consider a robust review of their procedures to ensure that any age bias is removed”.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Baker said he was “absolutely delighted with the judgment. I always thought the refusal to consider my application was a clear act of age discrimination.”

Retirement age for NATS air traffic controllers is 60.

John Charlton

previous post
Career progression menu gives restaurant staff taste of things to come
next post
HR fury over ‘political’ move to restrict migrant workers

You may also like

Restaurant tips should be included in holiday pay

21 May 2025

Fewer workers would comply with a return-to-office mandate

21 May 2025

Redefining leadership: From competence to inclusion

21 May 2025

Pay awards in real terms could fall for...

21 May 2025

Ryanair demands flight attendants pay back salary increase

21 May 2025

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Uncertainty over law hampering legal use of medical...

20 May 2025

Black security manager awarded £360k after decade of...

20 May 2025

Employers ‘worryingly’ ignorant about stress risk assessments

20 May 2025

UK and EU agree to collaborate on ‘youth...

19 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+