Garcha-Singh v British Airways Plc [2023]

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 21^st 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