Disregarding length of service with different company was not age discrimination

In a recent case Tyrolean Airways Tiroler Luftfahrt GmbH v Betriebsrat Bord the European Court of Justice has held that an employer’s refusal to take into account service with other group companies, when assessing if an employee had the length of service necessary for promotion, was not age discrimination.

Requiring three years’ service in a particular company for promotion was neither inextricably nor indirectly linked to the age of employees.