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
    Dismissal
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.

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This article is correct at 02/08/2013
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