Jurisdiction(s):
United Kingdom

EAT faults tribunal's agency analysis; potential vicarious liability for independent fit-to-fly examiners; disability discrimination case remitted in Anderson v CAE Crewing Services [2024] EAT 78

Published on: 29 May 2024

Published by a Law360 reporter

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Article summary

Anderson v CAE Crewing Services Ltd [2024] EAT 78

On 22 May 2024, the EAT issued a judgment holding that the lower tribunal had wrongly concluded CAE Crewing Services bore no liability for the actions of two doctors who examined flight attendant Jessica Anderson for a fit-to-fly certificate.

Judge James Tayler found the Employment Tribunal had misapplied the law by framing the question as whether the doctors conducting the fitness-to-fly examinations were agents of the employer.

Having reached a non-liability finding, the tribunal then gave reasoning on Anderson’s substantive disability discrimination claims that was incomplete and inadequate, he said.

The judgment records that in January 2019 Anderson entered into a contract with CAE Crewing Services, a business that supplies airlines with cabin crew. Members are expected to hold fit-to-fly certificates issued by aviation medical examiners. An examiner assessed Anderson in December 2018; she also has a heart condition...

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