Mr B Garcha-Singh v British Airways plc — 2021

The claimant, a long-haul cabin crew employee, was dismissed after a prolonged period in which he had not returned to flying duties. The respondent managed the absence under its attendance policy, obtained repeated occupational health advice, set a termination date, and postponed that date several times to allow for medical developments, ground duties, treatment, appeal consideration, and possible return to flying.

The tribunal found the reason for dismissal was incapability. It accepted that the respondent had reasonable grounds for believing the claimant was unable to return to and sustain flying duties, had consulted him, had considered medical evidence, and had referred him to its career transition service. The claimant had not engaged with that service and, shortly before dismissal, declared himself fit to fly but declined to participate in the occupational health assessment needed to assess that position.

The tribunal dismissed the race discrimination and victimisation complaints because it found nothing in or around the dismissal decision pointing to race or protected acts as a reason, and accepted the decision-makers' evidence about their reasons. It also dismissed the disability discrimination complaints: the duty to make reasonable adjustments did not arise on the tribunal's primary finding because the respondent did not know the claimant would be disadvantaged after he reported fit, and the proposed further steps were not reasonable; the requirement to attend occupational health was not unfavourable treatment and was not because of something arising from disability; and any such requirement was justified as a proportionate means of pursuing legitimate aims.