Mr Michael Mora v Exeter and Devon Airport Ltd — 2019

The tribunal accepted that Mr Mora had PTSD arising from the 2 January 2015 airprox incident and that Exeter and Devon Airport Ltd knew he was disabled. It found, however, that the respondent supported him over a long period: he remained on pay and insurance cover for a substantial time, was offered counselling and occupational health input, was allowed to return first as a UTO and later as an ATSA, was paid at or above his normal rate during parts of that period, and was offered help with attendance and communication and the option of transfer to another airport.

The tribunal found that Mr Mora could not return to work as an ATCO from February 2015 onward, and that a relapse occurred when he tried to come off medication in an effort to regain his CAA licence. It accepted that he did not want to work in the alternative roles on offer for any long-term basis and that, from late 2017, he refused consent for medical information needed for the occupational health process. On that evidence, the tribunal held that the dismissal on 10 September 2018 was by reason of capability and that the process, which extended over several years, was fair.

The tribunal dismissed the unfair dismissal claim and the disability discrimination claim. It rejected the argument that the dismissal was because Mr Mora had raised health and safety concerns under s.44 ERA 1996, and it also rejected direct discrimination, discrimination arising from disability, harassment, victimisation and failure to make reasonable adjustments. No award was made.