British Airways Stewardess Wins Discrimination Case After Dismissal

A former British Airways cabin crew member has successfully won a discrimination case after being dismissed due to her fear of flying. Jennifer Clifford, who dedicated nearly 40 years to the airline, faced challenges resulting from the Covid-19 pandemic that significantly impacted her mental health. An employment tribunal ruled in her favor, citing that British Airways failed to adequately accommodate her condition.

During the pandemic, Ms. Clifford was placed on furlough in April 2020 before transitioning to sick leave due to stress and depression. This marked her first period of sick leave in her extensive career with the airline. The tribunal learned that her worsening condition led to a fear of flying, making her unable to fulfill her flight duties. British Airways transferred her to a ground-based position temporarily, but when her condition did not improve by late 2022, the airline decided to terminate her employment.

The tribunal revealed that upon her dismissal, Ms. Clifford alleged her manager, Nigel Landy, minimized her condition, referring to it as “just a little bit of anxiety.” This dismissal prompted her to take legal action against British Airways, arguing that the airline should have recognized her lengthy service and made more efforts to provide suitable alternative work that did not require flying.

Tribunal Findings and Employment History

The tribunal ruling emphasized that British Airways did not fulfill its obligation to accommodate Ms. Clifford’s condition. Employment Judge Emma Hawksworth stated that a reasonable employer would have facilitated a phased return to work, allowing her time to adjust before returning to her flying role. The tribunal found that the airline’s actions constituted disability discrimination and unfair dismissal.

Ms. Clifford joined British Airways in 1983, beginning her career as a cabin crew member. Over the years, she proved to be a valuable asset, eventually rising to the position of inflight manager by the time the pandemic began. After being placed on furlough, she faced redundancy in August 2020, which was later reversed, but she was offered a demoted role as a cabin crew member.

Throughout her time on furlough and subsequent sick leave, Ms. Clifford sought to return to work and proposed a phased approach that would involve working from Gatwick Airport, rather than her usual base at Heathrow. She also requested to work two days a week in a ground-based role.

By September 2022, she was informed that if she did not declare herself fit to fly, her employment would be terminated. The tribunal hearing highlighted Landy’s dismissive comments, which contributed to the perception that her serious condition was not being taken seriously.

Conclusion and Implications

The tribunal’s decision recognized Ms. Clifford’s invaluable service to British Airways and pointed out the need for the airline to offer more substantial support during her transition back to work. Judge Hawksworth concluded, “A reasonable employer would have given her a longer and more suitable phased return and would, in line with its policy, have considered redeployment to a ground-based role before deciding to dismiss her.”

While the tribunal upheld her claims of disability discrimination and unfair dismissal, a separate claim of sex discrimination was rejected. Ms. Clifford is now set to receive compensation for her dismissal, a decision that highlights the importance of employer responsibility in accommodating employees’ mental health needs, especially in high-stress environments like the aviation industry.