Garcha-Singh v British Airways Plc [2023]

Posted In: Case Law
  • Decision Number
    EAT 97
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal
Issues covered: Unfair Dismissal; Wrongful Dismissal; Contract Extension; Absence Management

Background:

The claimant was employed as Long Haul Cabin Crew. He was dismissed by reason of incapability following a lengthy sickness absence. This decision was made in August 2017 to take effect in January 2018. The respondent continued to extend the termination date of the claimant’s contract until December 2018 when they declined to extend it any further.  The effective date of termination was determined to be 21st December 2018.  

When the initial decision was made in August 2017 the claimant had been unable to fly for over a year. The Absence Management Policy of the respondent had been incorporated into the contract of employment of the claimant. The issue raised by

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This article is correct at 10/08/2023
Disclaimer:

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.

Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

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