Mr S Crawford, counsel for v Respondent — 2023

The tribunal found that Miss Howe was dismissed on 27 May 2021 for conduct following an investigation into comments and conduct while she was unwell in New York. It held that the investigation and disciplinary process were procedurally fair, complied with the ACAS Code, and that the respondent had a genuine belief in misconduct after a reasonable investigation using the Crew History Report, emails and witness evidence.

On the facts, the tribunal accepted that Miss Howe had made the comment about not wanting to be in a hospital where the doctors speak with a West Indian accent, and the comment about being in a room with an Afro-Caribbean lady and the room being too hot. It also accepted that she had made abusive, rude or offensive comments to Duty Cabin Crew Management and Global Lifeline, and that she had left the hospital and gone to Walgreens while still subject to COVID procedures. The tribunal found that the COVID breach alone was not enough to justify summary dismissal because of uncertainty about the hospital discharge circumstances and the mitigation advanced, but it nevertheless found the breach proved.

The tribunal considered Miss Howe's explanations, including her illness, fear of a possible stroke, PPE worn by the doctor, difficulty hearing the medical explanation, her long service, and the circumstances in the hospital. It also noted concerns about the reliability and completeness of the Crew History Report. Even so, it concluded that the two racist comments, the abusive comments, and the COVID-related conduct taken together amounted to a series of acts sufficiently serious to undermine trust and confidence, and that summary dismissal was within the range of reasonable responses.

The unfair dismissal claim therefore failed. The wrongful dismissal claim also failed because the tribunal held that Miss Howe's conduct amounted to gross misconduct and a repudiatory breach of contract, entitling British Airways to dismiss her without notice.