British Airways cabin crew legal battle over 2020 layoffs
Tess De Mello, a 30‑year British Airways cabin crew veteran, is contesting her 2020 dismissal and subsequent pay and holiday disputes. The case highlights potential industry‑wide implications for part‑time airline staff.
By Felo News Desk · Published
In March 2020, British Airways (BA) announced a massive restructuring that saw thousands of cabin crew members laid off as the airline struggled to survive the COVID‑19 pandemic. Among those affected was Tess De Mello, who had served the airline for three decades and was known for her dedication to passenger comfort.
From Pride to Redundancy
De Mello’s career at BA began in the late 1990s. She described her role as “more than just employment – it was part of her identity.” Over the years she earned a reputation for going above and beyond, often staying late to ensure passengers had a pleasant experience. Her departure in 2020, however, was abrupt. BA issued redundancy notices to almost all 42,000 staff, ultimately letting go of around 10,000 employees.
The airline’s decision was widely criticized. Unite, the union representing cabin crew, accused BA of a “fire‑and‑re‑hire” strategy that forced remaining staff to accept significant pay cuts and demotions. MPs in the Parliamentary Transport Select Committee called the move a “national disgrace.”
The Personal Toll of Dismissal
For De Mello, the loss of her job was more than a financial blow; it carried a deep sense of shame. She has said that the dismissal made her question how former colleagues would view her. “I was worried they would think I had done something wrong,” she told reporters. The stigma of being let go, especially after a long and loyal service record, weighed heavily on her.
When she asked BA for clarification on her exact salary after being rehired and requested time to consider her options, the airline treated her as if she had voluntarily left. This treatment was cited in her subsequent unfair dismissal claim.
The Legal Battle Unfolds
In 2022, De Mello filed an unfair dismissal claim against BA, alleging that the airline’s handling of her redundancy and re‑employment was unlawful. The case was heard at an employment tribunal in Reading, where Judge Laurie Anstis ruled against her and a former colleague. Both claimants are now appealing the decision.
Beyond the dismissal, the claim also addresses pay and holiday entitlements. De Mello and her colleague argued they were underpaid and that their holiday allowance was insufficient while they worked part‑time contracts. Their lawyers contend that the airline’s shift pattern—working blocks of full days followed by blocks off—qualifies them as “part‑year” workers, similar to teachers, who are entitled to full‑time holiday benefits under UK law.
They cite a 2022 Supreme Court ruling that clarified that part‑year workers under permanent contracts are not required to receive prorated leave. If the appeal succeeds, it could set a precedent that forces airlines to re‑evaluate holiday entitlements for a large number of cabin crew members.
Industry Implications and BA’s Response
Unite has warned that a victory for De Mello could open the floodgates for similar claims across the aviation sector. The union notes that the shift pattern in question is common among airlines, meaning thousands of crew could potentially seek back‑dated holiday payments and wage adjustments.
BA has defended its actions, stating that the tribunal’s 2025 ruling found the airline’s measures were non‑discriminatory and fair. The company maintains that the latest claims are “without merit” and will contest them in the upcoming appeal.
As the case proceeds, both sides are preparing for a potentially high‑profile legal showdown that could reshape employment practices for airline cabin crew nationwide.
For De Mello, the outcome will determine whether her years of service are recognized fairly and whether she can reclaim the dignity she feels she lost in 2020.
What Happens Next?
The appeal is scheduled for early 2026, with the parties expected to present new evidence and expert testimony. The decision will have implications not only for the two claimants but also for the broader cabin crew community. Stakeholders, including unions, airlines, and regulators, will closely monitor the case for signals on future employment contracts and redundancy procedures.
Until a final ruling is issued, De Mello remains a symbol of the challenges faced by airline workers during the pandemic, highlighting the need for clear, fair, and transparent employment practices in the industry.
Key facts
- Tess De Mello served BA for 30 years before being laid off in 2020.
- She claims unfair treatment during re‑employment and inadequate holiday pay.
- Her appeal could set a precedent for part‑year workers’ holiday entitlements.
- BA maintains its actions were fair and non‑discriminatory.
- The outcome may influence employment practices industry‑wide.
Why it matters
The case could redefine how airlines treat long‑serving cabin crew, potentially leading to higher pay and better holiday entitlements for thousands of part‑time staff across the sector.
Frequently asked questions
What was the reason for BA’s 2020 layoffs?
The airline faced severe financial pressure due to the COVID‑19 pandemic and had to reduce staff to survive.
How does the Supreme Court ruling affect part‑year workers?
It states that part‑year workers under permanent contracts are not required to receive prorated leave, allowing them to claim full‑time holiday entitlements.
What is the next step in De Mello’s case?
She is appealing the tribunal’s decision, with the appeal scheduled for early 2026.
Sources
- [1] theguardian.com — originally reported as “‘I felt shame’: former BA worker locked in legal battle after losing job of 30 years”
