Jet2.com Ltd v Denby

It is unlawful to refuse to employ a person because they are a member or not a member of a trade union, or because they refuse to join or leave a trade union.

In this case, Mr Denby became chairman of Jet2’s Flight Deck Crew Council in 2007 and became increasingly involved with the British Airline Pilot’s Association (BALPA) – a trade union of which he was a member. Mr Denby explained to Mr Meeson, Jet2’s Executive Chairman, that he felt that pilots should be represented by BALPA and received an aggressive response.

Following this, in 2010 BALPA was granted statutory recognition to conduct collective bargaining on behalf of Jet2’s pilots and later brought High Court proceedings against Jet2 on the basis that Jet2 had not complied with the collective bargaining process. Mr Deby’s name was mentioned in some of the documents relating to the High Court proceedings…

In 2011 Mr Denby left his employment with Jet2. In 2014 and 2015 he applied to return to Jet2 and on both occasions his application was rejected despite him having passed all stages of the selection exercise. He brought a claim that he had been refused employment because of his trade union membership, within those proceedings it was discovered that Mr Meeson had sent an internal email about his applications saying “he told me that he was a shop steward at his previous company before us as well – so I don’t know why this leopard will change his spots.”

Mr Denby’s claim was successful and Jet2’s appeal failed. Mr Denby’s union activities were sufficiently related to trade union membership and Mr Meeson’s decision for not employing him was tainted by this. Mr Denby had effectively been blacklisted because of his employer’s knowledge of his past activities.

This is important if you have any employees with trade union membership or activities. It is also another important reminder of the way in which comments about employees (particularly those made in emails) can come back to haunt you.