Tess De Mello spent three decades working as cabin crew for British Airways, viewing her role as central to her identity and taking considerable pride in her work and service to passengers. In 2020, BA issued redundancy notices to its 42,000-person workforce during the pandemic, ultimately resulting in 10,000 job losses. Staff who were retained faced significant changes, including pay reductions and demotions, leading the Unite union and members of parliament to criticize the airline’s approach.
De Mello has described experiencing substantial emotional distress following her dismissal, including feelings of shame and concern that former colleagues would negatively judge her job performance. When she sought clarification regarding her salary following rehiring and requested time to consider an offer that included a 20% pay cut, BA deemed her to have resigned rather than accepting the position. She subsequently filed an unfair dismissal claim, which was dismissed by an employment tribunal last year, though she is appealing the decision.
Beyond the unfair dismissal claim, De Mello and a former colleague are pursuing additional litigation regarding holiday entitlement payments during their tenure as part-time workers. Their legal representatives argue that due to the nature of cabin crew scheduling, which involves blocks of consecutive full days followed by extended time off, workers should be classified as part-year employees entitled to full-time holiday pay rather than prorated amounts. They reference a 2022 Supreme Court ruling supporting this interpretation.
If the case succeeds, it could establish precedent affecting the entire aviation sector, as similar shift patterns are standard industry practice. This could potentially expose airlines to substantial financial liability from multiple cabin crew members seeking back pay. BA maintains that its pandemic-related actions were necessary, non-discriminatory, and fair, and stated it believes the current claims lack merit.
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