BA loses ‘fire and rehire’ discrimination appeal
British Airways has lost its Employment Tribunal appeal over its controversial ‘fire and rehire’ practice during the Covid pandemic.
The airline had faced action from 38 former BA cabin crew members.
The Tribunal upheld the ruling against BA which says the Equality Act is valid in the case of ‘indirect associative discrimination.’
Uniquely, the women and equalities minister Bridget Phillipson testified against the airline as did the Human Rights Commission.
They argued all protections for females should be extended to males, specifically for home carers in this case.
Justice Eady fsaid: “The ‘grain’ of the Equality Act is clear: it seeks to harmonise discrimination law and to strengthen the law to support progress on equality.”
“Giving the right to fathers as well as mothers to challenge discriminatory practices of employers strengthens the law and means more employers will be held to account,” said lawyer Tara Grossman.
BA’s fire and hire strategy was widely derided as a ‘calculated attempt to take advantage of the pandemic.’
An airline spokesperson said: “This appeal was about seeking the Employment Appeal Tribunal’s direction on a narrow area of law. We note the decision and will carefully review its judgment.”
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