Miss S Charlick v Virgin Atlantic Airways Limited — 2026

This was a Preliminary Hearing before Employment Judge Burge at London South on 5 February 2026, listed to determine the Respondent's strike out and Deposit Order applications. The Claimant appeared in person; the Respondent was represented by counsel. Reasonable adjustments were made for the Claimant.

The Tribunal struck out the complaint of indirect race discrimination (issues 16-19) under Rule 38(1)(a), finding no reasonable prospect of success because the Claimant could not show the alleged policy of asking about the race/nationality of registered staff travel beneficiaries put persons sharing her characteristic at a particular disadvantage, nor what disadvantage she herself was put at. The Tribunal also struck out the direct race discrimination/harassment complaint relating to a 2019 incident, on the basis that the Claimant had no or little reasonable prospect of persuading a Tribunal that it was just and equitable to extend time, given the passage of time and the inability to identify those alleged to have made the comments. The Claimant's breach of contract claim was dismissed upon withdrawal.

The Respondent's application to strike out or impose a deposit on the indirect sex discrimination complaint was refused; the Tribunal disagreed that the pleaded PCP (including Cabin Crew and excluding Pilots/First Officers from the investigation and dismissal process) was not applied to both groups. The remainder of the Claimant's claims, including unfair dismissal and the indirect sex discrimination complaint, continue to a final hearing. No remedy was determined at this preliminary stage.