LUTON- British low-cost carrier EasyJet (U2) has secured a favourable employment tribunal ruling after dismissing a First Officer who had been arrested and charged with rape.
Prosecutors later dropped the case and the pilot walked free, yet the tribunal confirmed the airline acted within its rights.
The pilot joined EasyJet in 2018, initially based in Berlin, Germany, before transferring to London Gatwick Airport (LGW), one of the airline’s largest bases, less than a year later.
His career took a sharp turn in April 2023, when Sussex Police arrested him on suspicion of rape, triggering a chain of events that ended in dismissal.
Tribunal Supports EasyJet’s Dismissal Decision
The employment tribunal examined whether EasyJet (U2) had acted reasonably when it removed the First Officer from his role before any conviction.
After reviewing the pilot’s employment contract and relevant case law, the panel ruled that the airline could lawfully terminate his employment based on the perceived reputational risk surrounding the criminal charges.
The tribunal concluded that taking such action prior to a guilty verdict is permissible when there is a genuine and reasonable concern about reputational damage or loss of trust, particularly in high-profile or safety-critical roles such as commercial flight operations.
Following his arrest in April 2023, the pilot was bailed pending further investigation. Sussex Police notified EasyJet of the arrest the next day.
The airline initially allowed him to continue flying while the investigation progressed.
The situation escalated in May 2024, when prosecutors formally charged the pilot with rape and sexual assault.
Sussex Police informed EasyJet of the charges. With the pilot’s passport seized until his bail hearing at court, the airline determined he would need to be suspended.
The following month, the court returned his passport at the bail hearing, but EasyJet maintained the suspension.
The airline also revoked the pilot’s special airside passes, even though aviation rules typically require such passes to remain in place unless a holder of airside security clearance actually receives a guilty verdict for a criminal offence.
Pilot Offered Two Options
According to PYOK, EasyJet presented the pilot with a choice between two outcomes. He could face dismissal over concerns that the alleged crimes could harm the airline’s reputation, or he could accept a “career break” that effectively functioned as a resignation, with the option to return if the case collapsed.
The First Officer rejected the career break proposal and sought alternative paths within the company.
He explored moving into a ground-based role and challenged EasyJet’s decision to strip him of his airside passes, after the airline wrongly told him he had breached “airside laws.”
Airline’s Early Handling Criticised but Upheld
EasyJet told the tribunal that the airside pass issue was a red herring in the case. The tribunal acknowledged that the way the airline handled the early stages of the pilot’s suspension was less than ideal.
However, this procedural concern did not alter the final outcome.
The tribunal determined that the core decision to dismiss stood on lawful ground given the safety-critical nature of the pilot’s role and the legitimate reputational concerns raised by the charges.
The ruling reinforces the principle that aviation employers may act on credible concerns about public trust without waiting for a criminal verdict, provided the role is high-profile or safety-critical.
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