Respondent won Employment Tribunal · 22 June 2023

35-year cabin crew career ended over racist comments and COVID breach: dismissal upheld

An employment tribunal has upheld British Airways' decision to dismiss a cabin crew member with 35 years' service for gross misconduct after she made racist comments about a doctor and left hospital while self-isolating with suspected COVID-19.

1 min read · Last updated 18 May 2026

Case details
  • #racist-comments
  • #covid-19-procedures
  • #abusive-behaviour
  • #long-service
  • #appeal-procedural-defect
  • #final-stage-appeal-cured

Key facts

  • Miss Howe was employed by British Airways as cabin crew/purser from 22 June 1986 until dismissal on 27 May 2021.
  • On 25 January 2021, she became ill on a flight to New York and was hospitalised with suspected COVID-19.
  • During her hospital stay, she made comments about a doctor's West Indian accent and an Afro-Caribbean patient's room temperature.
  • She left the hospital and went to a Walgreens while still required to self-isolate.
  • She admitted to making abusive, rude, or offensive comments to colleagues and a service partner.
  • The first appeal was procedurally unfair, but the final stage appeal by Mr. Rickwood was fair and cured the defect.

Timeline

  1. Employment started

    Miss Howe commenced employment with British Airways as a stewardess, later becoming cabin crew and purser.

  2. Illness on flight

    Miss Howe became ill on a flight to New York, was taken to Jamaica Medical Centre with suspected COVID-19.

  3. Discharge from hospital

    Miss Howe left the hospital and went to Walgreens for water and food.

  4. Return flight to UK

    Miss Howe was cleared to fly home after staying at a crew hotel.

  5. Pre-investigation meeting

    Miss Howe met with Miss Ferguson-Prout to decide whether to recommend an investigation.

  6. Investigation meeting

    Miss Howe attended an investigatory meeting with Mr. Cannon.

  7. Case to answer

    Mr. Cannon informed Miss Howe that she had a case to answer.

  8. Disciplinary hearing

    Disciplinary hearing took place with Mr. Shirley.

  9. Summary dismissal

    Mr. Shirley informed Miss Howe that she was summarily dismissed for gross misconduct.

  10. First appeal hearing

    Appeal hearing with Mrs. Allport, who upheld the dismissal.

  11. Final stage appeal hearing

    Second appeal hearing with Mr. Rickwood.

  12. Final appeal outcome

    Mr. Rickwood dismissed the appeal.

The outcome

The tribunal dismissed the claims for unfair and wrongful dismissal.

Key reasons:

  • British Airways had a genuine belief, based on reasonable grounds, that the employee had made racist comments and breached COVID-19 self-isolation rules.
  • The disciplinary process was thorough, and the final stage appeal was fair, correcting any earlier procedural issues.
  • The employee's long service did not outweigh the seriousness of the misconduct.

No compensation was awarded as the dismissal was fair.

Lessons & takeaways

  • Even long-serving employees can be fairly dismissed for gross misconduct if the employer follows a reasonable process.
  • Making discriminatory or abusive comments, even when unwell, can justify summary dismissal.
  • A flawed initial appeal can be 'cured' by a later, fair appeal hearing, so check the entire process before bringing a claim.
  • Breaching COVID-19 self-isolation rules can be treated as a serious disciplinary matter.

What this case shows

This case illustrates that even decades of loyal service do not give an employee carte blanche to behave in a way that fundamentally breaches trust and confidence. The claimant, a cabin crew member and purser with 35 years' service, was dismissed after making racist remarks about a doctor's West Indian accent and an Afro-Caribbean patient's room temperature while hospitalised with suspected COVID-19. She also left the hospital to go to a shop while still required to self-isolate.

British Airways treated these as separate acts of gross misconduct: racist comments and a deliberate breach of COVID-19 protocols. The tribunal accepted that the employer's belief in the employee's guilt was reasonable and that dismissal was within the range of responses open to a reasonable employer.

What the employer did right

The airline conducted a thorough investigation, including a pre-investigation meeting and a formal investigatory interview. The disciplinary hearing was held by a manager who had not been involved earlier. Although the first appeal was procedurally unfair (the appeal officer had prior involvement), the final stage appeal was conducted by a different manager who considered all the evidence and gave a fair hearing. The tribunal found that this cured the earlier defect.

Why the result matters

This case is a reminder that procedural errors do not automatically make a dismissal unfair if they are corrected later. It also shows that tribunals will not second-guess an employer's decision to dismiss for gross misconduct where the employer has genuinely and reasonably believed the employee was guilty. For employees, the lesson is clear: even in stressful circumstances, abusive or discriminatory language and disregard for safety rules can have severe consequences, regardless of length of service.

Similar cases