Mrs R Theisen and others v Virgin Atlantic Airways Limited — 2024

The tribunal found that Virgin Atlantic Airways Ltd needed to make redundancies in 2020 because the Covid-19 pandemic had significantly affected its airline operations and finances. It found that collective consultation with Unite took place, that agreement was reached on selection criteria and related measures, and that the selection criteria agreed with Unite were not themselves unlawful or unreasonable.

For phase one OBM redundancies, the tribunal found the dismissals unfair because of the way the agreed criteria were applied. The scoring methodology, particularly the normalised VOC calculations, was too complex for crew to understand or replicate, the relevant data and calculations were not provided before decisions were communicated, the timetable was too compressed, and the letters told affected OBMs they had been selected for redundancy without a genuinely provisional stage. The tribunal did not find the use of VOC and PM data itself unreasonable, and it did not find that Virgin Atlantic had an ulterior motive.

The Equality Act claims failed. The tribunal found no direct or indirect age discrimination, no direct or indirect sex discrimination, and no established discriminatory reason or PCP causing the pleaded group disadvantage. It also dismissed the s.47C ERA detriment claims and the part-time worker claims, finding no causal link to protected leave and no less favourable treatment on the ground of part-time status.

The successful unfair dismissal claims were limited to the phase one OBM test claimants identified in the judgment. The tribunal reserved remedy, invited the successful claimants to address reinstatement or re-engagement and compensation, and listed a provisional remedy hearing if agreement could not be reached.