Cabin crew based in Hong Kong can make discrimination claims

In British Airways plc v Mak [2011] EWCA Civ 184, the Court of Appeal held that cabin crew based in Hong Kong – who flew to and trained in London – worked partly at an establishment in Great Britain. Therefore, the cabin crew were entitled to make race and age discrimination claims at an employment tribunal.

Also see Workers based in Europe can make tribunal claims

Nurse was unfairly dismissed for making a lewd comment

In Bowater v North West London Hospitals NHS Trust [2011] EWCA Civ 63, Ms Bowater, a senior nurse, was helping her work colleagues to restrain a patient who was lying down on a bed. She sat astride on the patient’s ankles because she could not hold his ankles. The patient kicked Ms Bowater in her groin and lifted her so that she landed astride on his naked genitals.

While Ms Bowater sat astride on the patient’s naked genitals – she said: “It’s been a few months since I have been in this position with a man underneath me”.

Ms Bowater was dismissed for making a lewd comment.

The Court of Appeal held that Ms Bowater’s dismissal was unfair. Her dismissal was outside the range of reasonable responses open to a reasonable employer in the circumstances of the case [see paras.12 and 13].

What did the employer know at the disciplinary hearing?

In Orr v Milton Keynes Council [2011] EWCA Civ 62, the employee’s misconduct was provoked by his manager. The Court of Appeal held that the employee’s dismissal was fair - even though the manager did not inform the disciplinary panel – about the mitigating circumstances for the employee’s misconduct.

Comment

The practical implications of the Orr case appear to be very limited because an employee would usually state the mitigating circumstances for their misconduct at a disciplinary hearing. Mr Orr did not attend the disciplinary hearing.