Murdock v British Airways Plc UKEAT/0106/17/DM

Appeal against the dismissal of the Claimant's claims of unfair dismissal, disability discrimination and wrongful dismissal. Unfair and wrongful dismissal appeals allowed, disability discrimination appeal dismissed.

The Claimant, who had HIV and was considered disabled within the meaning of EA 2010, was an Air Cabin Crew when he was convicted of two criminal offences. His convictions amounted to disqualifying offences under the relevant Civil Aviation Authority ("CAA") regulations, such that he was required to notify his line manager of them within 14 days, in accordance with contractual policy EG804. He did speak to his line manager about the conviction but did not formally inform the Respondent. The Respondent found out about the convictions within the 14 day period, during which time the Claimant reported for work as normal, but did not believe the Claimant when he told them that he would have reported the convictions within 14 days. The Claimant was dismissed. He lost his claims of unfair dismissal, disability discrimination and wrongful dismissal and appealed.

The EAT allowed the appeal in part. The disciplinary process had commenced at a time when the notification period had not expired and he had then notified his line manager within the 14-day period. The ET ought to have considered the claims of unfair and wrongful dismissal in the context of the proper construction of the Respondent's policies. No error of law was demonstrated in the ET's approach to the claim of direct disability discrimination.

Published: 04/07/2018 14:05

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