Tess De Mello spent three decades working as cabin crew for British Airways, a role she described as central to her identity and professional pride. In 2020, the airline eliminated approximately 10,000 positions out of its 42,000-person workforce due to economic pressures stemming from the pandemic. BA distributed redundancy notices to nearly its entire staff and implemented what union representatives characterized as a fire-and-rehire strategy, requiring remaining employees to accept reduced salaries and demotions.
De Mello has described the experience of losing her long-held position as deeply personal, citing substantial feelings of shame and concern about how former colleagues might perceive her departure. When presented with rehiring terms that included a 20% reduction in base pay, she requested clarification about her specific salary and additional time to consider the offer while explicitly expressing her desire to remain employed. According to court documents, BA subsequently treated her request as a resignation.
De Mello filed an unfair dismissal claim against the airline, which was heard by Judge Laurie Anstis at an employment tribunal in Reading. The tribunal ruled against her and a former colleague, though they have filed an appeal. Additionally, both individuals are pursuing a separate claim alleging they were underpaid their holiday entitlements during periods when they held part-time contracts. Their legal representatives argue that the shift patterns inherent to cabin crew work—extended blocks of consecutive workdays followed by scheduled time off—should classify them as part-year workers, comparable to educators, and thus entitled to full-time holiday benefits.
The legal team cited a 2022 supreme court decision establishing that part-year workers on permanent contracts need not have their leave prorated relative to full-time employees. If successful, the claim could establish precedent affecting the entire aviation industry, as comparable shift arrangements are standard practice across multiple carriers. According to Union representatives, a favorable ruling could open pathways for numerous other cabin crew members to pursue similar compensation claims, potentially resulting in substantial financial consequences for airlines.
BA stated that an employment tribunal dismissed the claimants’ initial claims in 2025, determining the airline’s pandemic-related actions were fair and non-discriminatory. The airline indicated it believes the current claims lack merit and intends to communicate this position to the tribunal.
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