Stewardess Wins Discrimination Case After Dismissal Over Anxiety

A former British Airways cabin crew member has successfully won a discrimination case against the airline after her dismissal over a fear of flying. Jennifer Clifford, who dedicated nearly 40 years to the company, faced significant challenges after the onset of the Covid-19 pandemic, leading to her eventual termination.

The employment tribunal in Reading, Berkshire, heard that Ms. Clifford was placed on furlough in April 2020 as the pandemic unfolded. Following a prolonged absence, she transitioned to sick leave due to worsening symptoms of stress and depression, which rendered her medically unfit for flight duties.

Despite a temporary transfer to a ground-based position, Ms. Clifford was unable to return to her airborne responsibilities by late 2022. British Airways subsequently ended her contract, a decision that prompted her to take legal action. She claimed her manager, Nigel Landy, had downplayed her condition, referring to it as “just a little bit of anxiety.”

Legal Ruling Highlights Employment Missteps

The tribunal ruled in Ms. Clifford’s favor, stating that British Airways should have acknowledged her long service record and made more substantial efforts to secure alternative work within the company that did not involve flying. The ruling emphasized that her condition warranted a phased return to work, allowing her to regain confidence before resuming her full flying duties.

Judge Emma Hawksworth noted during the proceedings that Ms. Clifford’s situation was exacerbated by her lengthy absence, primarily due to factors beyond her control, such as being on furlough and the time taken to address her grievance. The tribunal found that a reasonable employer would have considered her for a suitable ground-based role before opting to dismiss her.

Ms. Clifford initially joined British Airways in 1983. She quickly progressed through the ranks, ultimately becoming an inflight manager. After her furlough in April 2020, she was informed in August 2020 that she would face redundancy, a decision that was later reversed, offering her a position as a cabin crew member at a lower grade.

Her first period of sick leave in almost four decades began in September 2021, owing to work-related stress and depression. Ms. Clifford sought a phased return from Gatwick Airport, despite her usual base being at Heathrow, as this would reduce her commuting time. She proposed to work two days a week in a ground role to ease back into her job.

However, by September 2022, she was informed that if she did not declare herself fit to fly, a termination date would be set. She was later offered a position at the Heathrow Help Hub, which assists travelers and disabled passengers, but her manager’s remarks regarding her health were deemed dismissive.

Compensation and Future Steps

The tribunal’s decision confirmed her allegations of disability discrimination, failure to make reasonable adjustments, and unfair dismissal. Judge Hawksworth concluded that Ms. Clifford’s need for a phased return was critical due to her mental health challenges, which British Airways failed to adequately support.

As a result of the ruling, Ms. Clifford is set to receive compensation for her dismissal. The tribunal underscored the importance of recognizing employees’ long service and making necessary accommodations to support their return to work, particularly when health issues arise.

While the tribunal dismissed a separate claim of sex discrimination, the case highlights significant issues within workplace practices, especially regarding mental health and the obligation of employers to provide appropriate support to their employees.