The claim was dismissed because the claimant failed to attend the preliminary hearing and did not respond to attempts to contact her, indicating she had decided not to pursue her claim.
Legal Issues (1)
Dismissal under rule 47 of the Employment Tribunal Procedure Rules 2024 for failure to attend a hearing
The Tribunal found the dismissal was fair because easyJet had a substantial reason – the serious criminal charge – and acted reasonably in treating it as sufficient to dismiss the pilot.
Legal Issues (3)
Whether the dismissal fell within s 98(1)(b) ERA as a substantial reason (serious criminal allegation affecting reputation and trust)
whether the employer acted reasonably in treating that as sufficient grounds
whether the procedural handling met the fairness test under s 98(4) and the ACAS Code
The tribunal struck out the race‑discrimination claim and dismissed the remaining claims because they had no reasonable prospect of success, with regional origin not protected, age claims insufficiently particularised, and no contractual right to appeal.
Legal Issues (4)
Whether the claimant could rely on regional origin as a protected characteristic for race discrimination
whether the age‑discrimination allegations were sufficiently particularised and comparable
whether the employment contract contained a contractual right of appeal
all assessed on the basis of reasonable prospect of success
All claims were dismissed because the tribunal found the respondent had a genuine belief in the claimant's gross misconduct, based on a reasonable investigation, and the dismissal was within the range of reasonable responses, with no causal link to disability or protected act.
Legal Issues (6)
Whether the dismissal was fair under s.98 ERA 1996 (conduct)
whether the employer had a genuine belief based on reasonable grounds after a reasonable investigation
whether the dismissal fell within the range of reasonable responses
whether the claimant was guilty of gross misconduct for wrongful dismissal
whether the disciplinary proceedings and dismissal amounted to unfavourable treatment because of something arising from disability (s.15 EqA 2010)
whether the claimant was victimised for doing a protected act (s.27 EqA 2010)