The British low-cost airline EasyJet was justified in firing a pilot who had been arrested and charged with rape, even though he was later acquitted of all charges when prosecutors dropped the case, an employment tribunal has ruled.
The pilot had been employed by EasyJet as a First Officer since 2018, initially in Berlin, Germany, before transferring to one of the airline’s biggest bases at London Gatwick Airport a little less than a yeat later.
In April 2023, however, the pilot was arrested by Sussex Police on suspicion of rape. He was bailed pending further investigation but the following day, the police informed EastJet of the pilot’s arrest.
While the case was still being investigated, EasyJet decided to allow the pilot to continue flying, although that changed in May 2024, when he was eventually charged with rape and sexual assault.
Again, Sussex Police informed EasyJet of this development. Given that the pilot had his passport seized until his bail hearing at court, EasyJet determined that he would have to be suspended.
The following month, the pilot attended his bail hearing and the court returned his passport, but EasyJet maintained that he should remain suspended. The airline even had the pilot’s special airside passes revoked even though these should only be suspended if someone with airside security clearance is actually gound guilty of a criminal offence.
At this point, EasyJet started to discuss what to do with the pilot and his future at the airline. He was presented with two options: either face dismissal due to concerns that his alleged crimes could harm the reputation of EasyJet or take a ‘career break’ in which he would be effectively resigning but would be allowed to return if the case was acquitted.
The pilot didn’t want to take a career break and tried to find other ways to remain at EasyJet, exploring the possibility of working in a ground based role. He also challenged EasyJet’s decision to revoke his airside passes after he was wrongly told that he had breached ‘airside laws.’
EasyJet told the tribunal that the airside pass issue was a red herring in the case, and while the tribunal noted that the way the airline handled the early stages of the pilot’s suspension was less than ideal, this didn’t change the outcome.
Having reviewed EasyJet’s employment contract for pilots, as well as case law on the matter, the tribunal ruled that the airline was within its rights to fire an employer for the perceived reputaton risk associated with him being charged with rape.
Taking this action even before someone is found guilty of an offence is allowed, the tribunal concluded, if there is a genuine and reasonable concern about reputational damage or loss of trust, particularly in high-profile or safety-critical roles.
