Claimant v British Airways Plc
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal to be well-founded. The claimant was unfairly dismissed by British Airways. Reasons were given orally at the hearing.
The tribunal found the complaint of unfavourable treatment because of something arising in consequence of disability to be well-founded and it succeeded. This indicates the respondent treated the claimant unfavourably because of something connected to his disability.
The tribunal found that the complaint of failure to make reasonable adjustments in respect of night work was well-founded and succeeded. However, any other complaint of failure to make reasonable adjustments for disability was not well-founded and was dismissed. The respondent failed to adjust the claimant's night work requirements but did not fail in other respects.
Facts
Mr P Dobson, an unrepresented claimant, brought claims against British Airways plc relating to his dismissal and disability discrimination. The case concerned unfavourable treatment arising from disability and the respondent's failure to make reasonable adjustments, specifically in respect of night work. The case was heard over four days in September 2024 before a full tribunal panel.
Decision
The tribunal found in favour of the claimant on all three successful claims: unfair dismissal, discrimination arising from disability, and failure to make reasonable adjustments regarding night work. Other reasonable adjustment claims were dismissed. The parties reached an agreement on remedy at the hearing, so no award was ordered by the tribunal.
Practical note
Employers must carefully consider night work adjustments for disabled employees and ensure dismissals related to disability-connected matters are handled fairly, as failure to do so can result in both unfair dismissal and disability discrimination findings.
Case details
- Case number
- 3309967/2022
- Decision date
- 20 September 2024
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No