Fox v British Airways Plc [2013] EWCA Civ 972

Posted In: Case Law
  • Case Reference
    EWCA Civ 972
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
Issues covered: Compensation; Unfair Dismissal; Disability Discrimination; Death in Service Benefit; Employee Benefits; Pecuniary Loss

Mr Fox worked for British Airways for over 20 years. Following a six-month period of sickness leave and having exhausted his sick pay entitlement, he was given notice of dismissal for medical incapacity. Mr Fox died one month after his employment terminated. Prior to his dismissal, he had been contractually entitled to a death-in-service benefit. Had Mr Fox been employed when he died, the benefit payable would have been £85,000. Mr Fox’s father brought proceedings claiming that his son was liable for Unfair Dismissal and/or disability discrimination and seeking £85,000 in compensation.

The Court of Appeal has found in favour of Mr Fox senior and has rejected the appeal by British Airways.

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

This article is correct at 02/08/2013

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email

View all articles by Legal Island