Claimant v Easyjet Airline Company Limited

The tribunal found that the respondent conducted a reasonable investigation following complaints of sexual harassment and inappropriate comments. The dismissing manager had a genuine belief in misconduct formed on reasonable grounds. Dismissal for gross misconduct, following repeat similar conduct despite a previous final written warning and counselling, fell within the range of reasonable responses. The sanction was proportionate given the claimant's position of trust as cabin manager and his failure to modify his behaviour after previous warnings.

The claimant failed to establish that he was less favourably treated than a hypothetical or actual comparator in the same or similar circumstances. The claimant relied on a former colleague who used similar public announcement styles but was not in comparable circumstances, namely facing allegations of sexual harassment from both a customer and crew member. The tribunal found the claimant had not established that the reason for dismissal was his sexual orientation, the clear reason being gross misconduct.

The claimant claimed the respondent failed to provide written reasons for dismissal within 14 days as required by section 92(2) ERA 1996. While the tribunal accepted there was a delay of eight days, it found the failure was not unreasonable because the dismissing manager had clearly communicated before the hearing that she would be on annual leave and the written reasons would be delayed. The claimant was on notice of this delay before and during the disciplinary hearing.

Withdrawn by claimant at case management preliminary hearing on 21 March 2025 and dismissed by decision dated 26 March 2025.