Virgin Atlantic Redundancy Tribunal Ruling

Virgin Atlantic Airways Ltd v Lee Loverseed, Jonathan Fenton, and Niamh O’Connor

Background

Virgin Atlantic Airways Ltd faced claims of unfair dismissal and indirect discrimination from 12 former flight crew members, including Lee Loverseed, Jonathan Fenton and Niamh O’Connor. The claims arose from a redundancy programme following the COVID-19 pandemic's impact on passenger flights.

Key Issues Determined:

• Whether Virgin Atlantic Airways Ltd should disclose unredacted copies of internal management documents from April to July 2020.
• The relevance of these documents to the issues pleaded in the case, particularly the criteria for selection during redundancy, the fairness of these criteria, and their justification in the context of indirect sex and age discrimination claims.

Tribunal Findings

During the proceedings disclosure was sought of unredacted documents and the tribunal was asked to rule on whether or not this information was properly disclosable. Employment Judge Eeley initially ruled that Virgin Atlantic Airways Ltd must disclose the unredacted documents. The Judge found that the material was relevant to the issues pleaded in the case and that disclosure was necessary and proportionate.

Appeal and Decision

Virgin Atlantic Airways Ltd appealed against the Tribunal’s decision. However, the Employment Appeal Tribunal dismissed the employer’s appeal and upheld the initial ruling made by the Tribunal. The EAT determined that:

• The Judge correctly directed herself regarding the law.
• The redacted material was likely to impact the parties' cases concerning the selection criteria used during redundancy, their fairness, and their justification as proportionate means of achieving a legitimate aim in the context of indirect discrimination claims.

Implications for Union Representatives:

1. Importance of Detailed Disclosure: Union representatives should be aware that internal management documents can be crucial in redundancy cases, especially when arguing indirect discrimination. The disclosure of such documents can reveal the true criteria and motivations behind redundancy selections.
2. Relevance in Pleadings: Ensure that all potentially relevant documents are identified early in the case. This includes understanding that relevance is not solely about direct evidence but also about documents that could indirectly affect the understanding of the issues at hand.

By understanding these points, union representatives can better support their members in redundancy and discrimination disputes, ensuring fair treatment and transparency throughout the legal process.