The first tribunal hearing to deal ‘head on’ with bars to employment based on date of birth has ruled that the National Air Traffic Service (NATS) acted unlawfully in rejecting candidates over 35.

The case, one of a 27% surge in age discrimination claims this year, according to figures obtained by national law firm Eversheds, arose when Peter Baker applied to NATS shortly after his 50th birthday. His application was rejected because he was more than 36 years old. NATS justified the policy on the grounds of safety. Judge Graeme Hodgson, sitting at the London Central Employment Tribunal, rejected this argument, ruling that NATS’ researchers had failed to identify ‘formal evidence of declining competence in older controllers’.