Full Breakdown
British Airways Cabin Crew Dismissal Leads to Ongoing Legal Battle
By Drooid · · How we work
Core Dispute and Tribunal Outcome
Long-time cabin crew member Tess De Mello was dismissed in 2020 after British Airways (BA) issued redundancy notices to the majority of its 42,000-strong workforce. De Mello and a former colleague brought an unfair-dismissal claim and a separate claim over holiday entitlement to an employment tribunal in Reading. Judge Laurie Anstis ruled against the claimants, a decision they are now appealing. The tribunal also dismissed their allegations that BA’s pandemic-era actions were discriminatory.
Pandemic-Era Layoffs and Pay Reductions
During the COVID-19 pandemic BA announced a “fire-and-rehire” approach, according to the Unite union representing cabin crew. The airline told its longest-serving staff to expect a 20 % basic-pay cut to remain employed; Unite later reported that actual salary reductions ranged from 15 % to 35 %. Approximately 10,000 employees ultimately lost their jobs, while the remaining staff accepted lower pay and altered contracts.
Legal Arguments Over Holiday Entitlement
De Mello’s lawyers contend that the part-time shift pattern—blocks of full days followed by blocks of days off—classifies the workers as “part-year” employees, a status that, under a 2022 Supreme Court ruling, entitles them to full-time holiday rather than a prorated amount. The claimants argue that BA’s classification denied them the statutory leave they should have received.
Official Statements and Responses
- Unite maintains that the shift pattern is standard across the aviation industry and warns that a successful claim could open the door to similar actions by other cabin-crew members, potentially resulting in a large financial outlay for airlines.
- Members of Parliament described BA’s redundancy process as a “national disgrace,” reflecting broader political criticism of the airline’s handling of staff reductions.
- British Airways stated that the 2025 tribunal dismissal affirmed that its actions were “non-discriminatory and fair,” and it considers the current claims “without merit,” pledging to make this position clear to the tribunal.
Potential Sector Impact
If the appeal overturns the original ruling, the precedent could extend holiday-entitlement protections to part-year cabin-crew contracts industry-wide, prompting airlines to reassess contract structures and potentially face significant compensation liabilities. Conversely, a upheld dismissal would reinforce BA’s pandemic-era employment decisions and limit similar future claims.