DALLAS — British Airways (BA) has lost its appeal against an Employment Tribunal ruling concerning its controversial 'fire and rehire' strategy during the COVID-19 pandemic.

The airline faced legal action from 38 former cabin crew members. The Tribunal upheld the previous decision, affirming that the Equality Act applies to ‘indirect associative discrimination cases.’

Significantly, the Women and Equalities Minister Bridget Phillipson and the Human Rights Commission testified against British Airways. They argued that protections under the Equality Act should be extended to both males and females, especially in the context of home carers.

Justice Eady emphasized that the Equality Act aims to standardize and enhance anti-discrimination laws, noting that extending rights to fathers and mothers would strengthen legal protections and increase employer accountability. Lawyer Tara Grossman added that empowering fathers to challenge discriminatory practices would reinforce the law.

Some saw the airline's 'fire and rehire' policy deliberately exploiting the pandemic. A BA spokesperson commented that the appeal sought clarification on a specific legal issue and indicated that the airline would carefully review the Tribunal's judgment.