£630K; British Airways Ordered To Pay Sick Pilot And Union Rep...

A ruling has been handed down by an Employment Tribunal, ordering British Airways PLC to provide compensation of £630,000 ($805,000) to a pilot and union representative who was placed on sick leave. This decision comes in the aftermath of the pilot's grievances related to deducted union duties from his salary, which led to illegal wage deductions, pension losses, and emotional harm.

Judge Gary Tobin of the Employment Tribunal delivered the verdict on June 5, recently made available to the public, stating that the prominent airline was obliged to remunerate the pilot who was declared unfit for duty at the start of the COVID-19 pandemic and remained so until January 2023. A significant portion of the compensation was attributed to lost wages over this nearly three-year span.

Michael Osborne, a seasoned pilot with 32 years of service at British Airways and an elected union representative for the British Airline Pilots Association (BALPA), had contested that he was owed sick leave compensation for a two-day absence in September 2019. He was reportedly mischaracterised by the airline as participating in ongoing industrial action, as per Osborne's statement.

Osborne communicated that the conflict with his previous employer induced stress and anxiety, rendering him incapable of work until November 2022.

The verdict revealed that Osborne's generalized anxiety disorder retreated in November 2022, enabling his return to work. He underwent retraining for a newly updated aircraft and was reinstated on the payroll on January 19, 2023.

Judge Tobin, in his remarks, indicated a high probability that Osborne's illness was triggered by his interaction with his employer.

The majority of the £630,000 compensation was attributed to loss of earnings in the remedial judgement. The cessation of Osborne's pay between March 2020 and January 2023 resulted in an estimated £540,375 loss of earnings, as per the verdict.

The tribunal also took into account payments from the airline's furlough scheme and benefits Osborne received from his "loss of license" cover, which somewhat offset the loss of earnings over the nearly three-year span he was out of work. These deductions reduced the loss of earnings figure to approximately £460,000, as indicated by the verdict.

Osborne was additionally granted roughly £80,000 for loss of pension contributions over the period, as well as £19,000 for emotional distress.

Despite the tribunal acknowledging the airline's attempts to impede the work of BALPA union representatives during strikes by shifting their roles, British Airways was not required to pay aggravated damages. This course of action was considered intentional as evidenced by a document named "Flight Operations policy during industrial action," but was deemed as not "personal or vindictive" against the pilot, rather a broader attempt to disrupt industrial action.

A spokesperson for British Airways shared that the Employment Tribunal's decision would need to be reviewed in detail, considering an existing appeal related to this case, and whether an additional appeal would be suitable under these circumstances.

In conclusion, employers must tread carefully when dealing with staff on long term sick leave. The six things employers should review and consider are:

1. Clear Policies: Develop and maintain clear policies regarding sick leave, pay deductions, and employee roles during industrial action. These policies should be well communicated to all employees to avoid any misunderstanding.
2. Training: Regularly train supervisors and managers in the appropriate handling of employee relations, particularly around sensitive issues like pay, leave, and union activities. Understanding the law and how to apply it in complex situations is crucial.
3. Documentation: Keep thorough and accurate records of all interactions, disciplinary actions, and decisions related to employee pay and leave. This can provide crucial evidence in any potential disputes.
4. Communication: Maintain open lines of communication with employees, addressing any concerns promptly and fairly. This can help to prevent disputes from escalating.
5. Legal Advice: Consider seeking legal advice when dealing with complex employment issues, particularly those involving union activity or potential disputes over pay and leave. This can help to ensure that you are acting within the law and protecting your interests.
6. Impartiality: Treat all employees fairly and avoid any actions that could be seen as targeted or vindictive. This can help to protect against claims of unfair treatment or discrimination.