Cases3301138/2021

Claimant v British Airways Plc

28 May 2024Before Employment Judge K A ShrimplinWatfordin person

Outcome

Partly successful

Individual claims

Unfair Dismissalsucceeded

The tribunal heard evidence over five days and found the claimant's unfair dismissal claim to be well founded. The tribunal made findings of fact that led them to conclude the dismissal was unfair under the Employment Rights Act 1996.

Direct Discrimination(age)failed

The tribunal considered the claimant's claim of direct age discrimination but found it was not well founded. After hearing evidence and considering the facts, the tribunal concluded the respondent had not discriminated against the claimant on the grounds of age.

Facts

Mrs Catherine Sealy was employed by British Airways PLC. Her employment was terminated and she brought claims for unfair dismissal and direct age discrimination. The case was heard over five days with full oral evidence and submissions from both parties represented by counsel.

Decision

The tribunal found the unfair dismissal claim succeeded, determining the dismissal was unfair. However, the age discrimination claim failed as the tribunal was not satisfied that the respondent had discriminated against the claimant on grounds of age.

Practical note

A dismissal by a major airline employer can be found unfair even where the employer successfully defends an accompanying age discrimination claim.

Case details

Case number
3301138/2021
Decision date
28 May 2024
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister