Flybe pilot sacked over fear of flying wins unfair dismissal case

A Flybe pilot who was let go after developing a fear of flying has won an unfair dismissal claim.

First officer Matthew Guest had been flying with the airline for seven years when a change in aircraft and a switch to longer routes prompted him to start having panic attacks.

He should have been offered alternative roles and given the opportunity to discuss his position with Flybe’s COO, Luke Farajallah, an employment judge ruled.

Guest first started experiencing problems in December 2014 when he was moved from flying Q400 aircraft to Embraer jets, which typically fly longer routes.

He started feeling dizzy and nauseous, with a “churning stomach”, during a flight to Florence, Italy, and began experiencing a sense of impending dread in the pit of his stomach at the thought of boarding the plane when driving to the airport.

“He later described this as feeling like severe butterflies or stomach cramp,” Judge Tom Coghlin QC said in a written ruling.

Guest’s medical certificate permitting him to fly was temporarily suspended after his GP wrote to his superiors saying he had “developed an increasing phobia and anxiety about long-distance flights and being trapped on the aeroplane.”

He was signed off with anxiety and only returned to work in April 2016 – but CBT sessions, extra training and reduced hours all failed to cure Guest of his phobia.

On 17 June 2016, things came to a head when Guest, who was scheduled to fly to Kefalonia in Greece, called in sick. He had twice raised concerns about the four-hour flight with his manager, Lee Goreham, who “suggested that during the cruise phase of the journey the claimant might pass the time by reading a book or doing a crossword (as pilots frequently do),” said Judge Tom Coghlin QC.

His work schedule was cleared and Guest was officially let go in March 2017 in a letter from Luke Farajallah.

“We are not prepared to take the risk of returning you as a pilot on the EJet or Dash 8, so we are providing you with formal notice that we intend to terminate your employment on capability grounds,” it read.

Guest was offered an alternative position as a flight safety support officer based in Exeter, but was told that he would not be able to return to flying if he accepted the role.

The judge ruled in his favour, saying that he should have been allowed to meet with the airline’s COO as he was the key decision maker in Guest’s dismissal.

Flybe could have allowed him to return to flying Q400 planes, or offered to let him fly accompanied by an additional pilot for a period, the judge noted.

Guest now feels Flybe should reinstate him to make amends; if the airline declines, a judge will rule on the issue later this month.