In a watershed case that underscores the evolving understanding of mental health in the workplace, a veteran British Airways flight attendant has successfully won her British Airways discrimination claim after being dismissed for developing a fear of flying. An employment tribunal found that the airline failed in its legal duty to make reasonable adjustments for her condition, a decision that highlights the protections offered by the Equality Act 2010.1 This ruling sends a powerful message to employers across all sectors: mental health conditions like severe anxiety can constitute a disability, and companies have a significant legal and ethical obligation to support affected employees rather than moving directly to dismissal.
The case, which involved a cabin crew member with 27 years of unblemished service, brings the complex issue of disability discrimination at work into sharp focus. It forces a critical examination of corporate policies on sickness, disability, and an employer’s responsibility to explore all viable alternatives before terminating an employee. For thousands of workers who may be silently struggling with their mental health, this verdict is a beacon of hope and a validation of their rights.
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The Case of Ms. de Divitiis: A 27-Year Career Grounded by Anxiety
The story behind this landmark Employment Tribunal claim is one of dedication met with a debilitating condition. The claimant, Ms. S. C. C. de Divitiis, had built a long and successful career with British Airways, a role she performed with distinction for nearly three decades.3 However, a series of events gradually eroded her ability to perform the central duty of her job: flying.4
From the Skies to Sickness Absence
Ms. de Divitiis’s career was her passion, but her mental health began to suffer following several traumatic experiences in the air. While the 9/11 attacks created a general sense of unease within the aviation community, a specific incident in 2016 involving a flight with severe engine vibrations triggered a severe phobia of flying, also known as aerophobia.
This led to a diagnosis of “moderate anxiety and depression” and an inability to work as cabin crew. Despite her condition, Ms. de Divitiis was eager to continue her career with the company she had served for so long. She communicated her desire to find a ground-based role, believing her extensive experience and company knowledge would be valuable assets.6 This request marked the beginning of a long and frustrating journey through the airline’s internal processes for managing sickness and disability.
The Breakdown in Communication and Support
What followed was a protracted period of sickness absence, during which Ms. de Divitiis felt unsupported and her requests for alternative employment were not adequately addressed. The crux of her legal challenge centered on the airline’s failure to provide reasonable adjustments at work.7
- Request for a Ground Role: The primary adjustment sought by Ms. de Divitiis was a transfer to a permanent position on the ground. This would have allowed her to continue contributing to the company without facing the source of her debilitating anxiety.
- Occupational Health Assessments: While British Airways did engage its occupational health services, the tribunal later found that the process was flawed. The focus remained heavily on her inability to fly rather than on her transferable skills and potential for ground-based work.
- The Dismissal: After a lengthy absence, British Airways ultimately dismissed Ms. de Divitiis. The airline argued that it had considered ground-based roles but had found no suitable vacancies, concluding that she was “unable to return to her contractual role of Cabin Crew in the foreseeable future.” This decision led her to file an Employment Tribunal claim for unfair dismissal UK and disability discrimination at work.
The Legal Battle: An Employment Tribunal Claim for Discrimination
The legal proceedings delved deep into the nuances of UK employment law, particularly the stringent requirements of the Equality Act 2010. The case hinged on two critical legal questions: Was her anxiety a legally recognized disability? And if so, did the airline fail in its duty to support her?
Proving Anxiety as a Disability UK under the Equality Act 2010
A key victory for Ms. de Divitiis was successfully arguing that her condition qualified as a disability under UK law. The Equality Act 2010 defines a disability as a physical or mental impairment that has a ‘substantial’ and ‘long-term’ adverse effect on a person’s ability to carry out normal day-to-day activities.
The employment judge concluded that her diagnosed anxiety and depression met this threshold.9 The condition was long-term, and its impact on her life was substantial, preventing her from engaging in her profession and affecting her daily life. This finding was crucial, as it triggered the airline’s legal duty to make reasonable adjustments. The case serves as a powerful precedent for recognizing anxiety as a disability UK in a workplace context.10
The Heart of the Matter: Failure to Make Reasonable Adjustments at Work
This was the core of the disability discrimination at work claim.11 Under the Equality Act 2010, when an employer knows, or ought reasonably to know, that an employee has a disability, they are under a positive legal duty to make reasonable adjustments. This duty aims to ensure that a disabled worker is not placed at a “substantial disadvantage” compared to non-disabled workers.
The tribunal’s judgment, as reported by outlets like The Independent, was scathing in its assessment of British Airways’ efforts. The judge found that the airline had not taken “all reasonable steps” to find a ground-based role for Ms. de Divitiis.12 Evidence revealed that during the relevant period, thousands of ground-staff positions had been recruited for externally. The tribunal ruled that it was not a credible argument that a large employer like British Airways could not find a suitable alternative role for a long-serving, experienced employee.13 This failure was a clear breach of its legal duty, leading to the successful British Airways discrimination claim.
Broader Implications for Employers and Employees
This ruling has significant ramifications that extend far beyond the aviation industry. It acts as a critical reminder of the legal landscape surrounding mental health and disability in the workplace.
A Wake-Up Call for Employers on Mental Health
The verdict in this case is a clear signal to all employers that they must take their duty of care regarding mental health seriously.
- Proactive Support is Non-Negotiable: Employers cannot adopt a passive approach. The duty to make reasonable adjustments is an active one. It requires genuine, thorough, and well-documented efforts to find solutions.
- Review Internal Processes: Companies should review their sickness absence and capability procedures to ensure they are compliant with the Equality Act 2010 and do not indirectly discriminate against employees with disabilities, including mental health conditions. Guidance from organizations like Acas (the Advisory, Conciliation and Arbitration Service) is invaluable here.
- Training for Line Managers: Line managers are often the first point of contact for employees struggling with their health. They need to be trained to handle these conversations sensitively and to understand the company’s legal obligations regarding reasonable adjustments at work.
Empowering Employees: Knowing Your Rights
For employees, this case is empowering. It demonstrates that the law provides robust protection against disability discrimination at work. If you are facing a similar situation:
- Seek a Formal Diagnosis: Obtain a clear medical diagnosis from a GP or specialist. This is the first step in establishing that your condition may be a disability under the law.
- Communicate in Writing: Formally notify your employer of your condition and request specific reasonable adjustments in writing. This creates a clear paper trail.
- Know Your Protections: Familiarize yourself with your rights under the Equality Act 2010. Understand what constitutes discrimination and an employer’s duty to make adjustments.
- Seek Advice: If you believe your employer is failing in their duty, seek advice from a citizens’ advice bureau, a trade union, or an employment lawyer. The process of making an Employment Tribunal claim can be complex and requires expert guidance.
Summary of Key Points
- A veteran British Airways flight attendant won her disability discrimination at work claim after being dismissed for developing a fear of flying.15
- An Employment Tribunal ruled that her severe anxiety qualified as a disability under the Equality Act 2010.16
- The tribunal found that British Airways failed in its legal duty to make reasonable adjustments at work, specifically by not doing enough to find her a suitable ground-based role.17
- The case reinforces that employers have a proactive duty to support employees with mental health conditions and thoroughly explore alternatives to dismissal.18
- The ruling distinguishes between claims for discrimination and unfair dismissal UK, highlighting the specific obligations triggered by a recognized disability.
Frequently Asked Questions (FAQ)
Q1: What is the Equality Act 2010?
A1: The Equality Act 2010 is the UK’s primary anti-discrimination law. It legally protects people from discrimination in the workplace and in wider society.20 It consolidates previous legislation and covers nine “protected characteristics,” including age, sex, race, and disability.
Q2: Is anxiety always considered a disability at work in the UK?
A2: No, not automatically. For anxiety as a disability UK to be recognized under the Equality Act, it must be proven to be a mental impairment that has a ‘substantial’ and ‘long-term’ (lasting or expected to last 12 months or more) adverse effect on your ability to carry out normal day-to-day activities. The determination is made on a case-by-case basis.
Q3: What are examples of reasonable adjustments at work?
A3: Reasonable adjustments can vary widely but may include: changing working hours, allowing home working, providing special equipment, reallocating minor duties, or, as in this case, moving an employee to a different role. The adjustment must be effective in removing the disadvantage the employee is facing.
Q4: What is the difference between unfair dismissal and disability discrimination?
A4: Unfair dismissal relates to whether an employer acted reasonably in the process of dismissing an employee (e.g., following a fair procedure). Disability discrimination is when an employee is treated unfavorably because of their disability. In this case, the dismissal was discriminatory because it resulted from the employer’s failure to make reasonable adjustments for the disability.21 An employee can claim for both.
Q5: What should I do if I feel I’m being discriminated against at work due to a health condition?
A5: First, speak to your manager or HR department and try to resolve the issue informally. If that fails, you can raise a formal grievance. Throughout the process, keep detailed records of all incidents and communications. It is highly recommended to seek advice from Acas, a trade union, or an employment law specialist.
Conclusion
The successful British Airways discrimination claim is more than just a personal victory for one employee; it is a landmark moment in the fight for the recognition of mental health as a serious workplace issue. It reaffirms the strength of the Equality Act 2010 as a tool to protect vulnerable employees and holds large corporations accountable for their actions. This case serves as an unambiguous reminder that a diagnosis of anxiety or depression is not a valid reason for dismissal if an employer has not exhausted every reasonable avenue to provide support.19 It champions a future where workplace culture is defined not by rigid policies, but by empathy, flexibility, and a genuine commitment to inclusivity.
Disclaimer: This article provides general information and does not constitute legal advice. Employment law is complex, and individuals should seek professional legal counsel for their specific situation.
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