easyJet Airline Company Ltd

Case Summary

The claimant, a pilot employed by easyJet, was dismissed on 15 October 2024 after being charged with rape and sexual assault whilst awaiting trial. The claimant claimed unfair dismissal, arguing the real reason was retaliation for uncovering poor handling of his airside pass suspension. Employment Judge Morton found the dismissal fair under s98(1)(b) ERA for some other substantial reason, namely the serious reputational risk to easyJet's brand and the impact on trust and confidence required for a pilot's role, and rejected the retaliation argument based on chronology.

The tribunal found the claimant was fairly dismissed for some other substantial reason under s98(1)(b) ERA. The respondent established a potentially fair reason: the serious criminal charges (rape and sexual assault), the potential Crown Court trial, and the genuine reputational risk to easyJet's brand and the trust and confidence required in a pilot's role. The procedure became fair once Mr Jones took over management of the case, with documented communications and proper safeguards. The chronology demonstrated dismissal was already under consideration before the claimant raised complaints about the airside pass issue, so the retaliation claim was rejected. Adequate alternatives (career break and redeployment) were offered but declined by the claimant.

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• •Reason for dismissal: whether some other substantial reason under s98(1)(b) ERA or misconduct
• •Procedural fairness of dismissal following criminal charges for rape and sexual assault
• •Whether reputational risk to employer justified dismissal
• •Trust and confidence in employment relationship given nature of charges
• •Adequacy of alternatives to dismissal including career break and redeployment
• •Whether dismissal was retaliatory in response to claimant's complaints about airside pass handling

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