Scared-to-fly pilot sacked unfairly
A PILOT fired after developing a fear of flying has won his claim for unfair dismissal.
First officer Matthew Guest became anxious and had “panic attacks” while working for budget airline Flybe, an employment tribunal heard.
The father-of-two was sacked because of his phobia, the Birmingham hearing was told.
But Judge Tom Coghlin QC ruled he should have had an opportunity to discuss his case with Flybe’s chief operating officer Luke Farajallah.
Mr Guest is now seeking reinstatement.
His problems began when he was moved from flying Dash 8 Q400s to Embraer jets at West Midlands Airport. In December 2014, halfway through a flight to Italy, he “felt anxious to be on the plane”, hot, dizzy and had a “churning stomach”.
Later that month Mr Guest had a feeling of impending doom or dread as he drove to the airport, called in sick and returned home. In February he was due to fly to Iceland but felt anxious and told his captain he was not well enough.
Later that day he told his Civil Aviation Authority (CAA) medical adviser that his home life was not easy because he had a toddler going through the “terrible twos” and a three-month-old baby.
Mr Guest’s GP told Flybe he “has developed an increasing phobia and anxiety about long-distance flights and being trapped on the aeroplane” and his medical certificate was suspended due to “panic attacks”.
He underwent six cognitive behavioural therapy sessions and his certificate was reinstated in April 2015. But his anxiety returned and in July that year he was stood down from a flight to Austria.
After more therapy, Mr Guest returned to normal duties, noting after his first flight: “Fine. Elated when I got home ‘I’m cured!’.”
But subsequent flights were more mixed and in June 2016, Mr Guest agreed to fly to Kefalonia, Greece – a four-hour journey – but he called in sick on the day, the employment hearing was told.
His roster was then cleared and he was not to return to work before the end of his employment in 2017. The hearing was told Mr Guest received a letter from Mr Farajallah dismissing him on “capability grounds”, saying: “Due to the uncertainty of your condition we cannot as an organisation accept the risk to safety.
“The medical advice containing the suggestion that your condition could return causes the company serious concerns and Flybe are not prepared to take risks in the flight deck with people’s lives.”
The hearing was told Mr Guest was offered a ground-based job at Flybe’s Exeter HQ but was told there would be no possibility of returning to flying if he accepted it.
But Judge Coghlin ruled: “It is a basic principle of natural justice and of fairness that an employee should have the chance to address the relevant decision-maker.
“Here, the claimant had no such opportunity.”
The judge said that had Flybe followed the correct procedure, there was a two-thirds chance Mr Guest would have been sacked fairly.