32-year airline employee unfairly dismissed over sickness absence policy

A long career undone by a flawed process

This case shows how even a well-established employer can fall foul of fair procedure when dealing with a long-serving employee. The claimant had worked for British Airways for 32 years, yet was dismissed for alleged misuse of sickness and dependency leave. The tribunal found that the employer had applied a presumption that the absences were not genuine, without properly investigating each one. Only three of the many absences were found to be breaches of policy, making the dismissal for gross misconduct disproportionate.

What the employer could have done differently

British Airways could have avoided this outcome by conducting a more thorough investigation. Instead of assuming a pattern of absence was dishonest, they should have considered the employee's explanations and personal circumstances. The tribunal noted that the employee had a bereavement shortly after dismissal, which may have affected her ability to mitigate loss. A fairer process would have involved looking at each absence individually and giving the employee a chance to respond.

Why this matters for similar claims

This case is a reminder that length of service matters. Employees with decades of service are entitled to a higher standard of procedural fairness. The compensation of over £49,000 reflects the loss of a long-term career, including pension contributions and the difficulty of finding work at age 58. For anyone considering a claim, this case shows that tribunals will scrutinise whether the employer's decision was within the range of reasonable responses, and that a flawed process can lead to a finding of unfair dismissal even if there was some misconduct.