Hong Kong cabin crew take BA to court to end age and
race discrimination
25 November 2009
Employment Appeals Tribunal (EAT)
10.30am, Thursday, November 26th, 2009
58 Victoria Embankment, London
The Employment Appeals Tribunal will tomorrow (Thursday) hear
the case of 15 female international cabin crew who are alleging age
and race discrimination on the part of their former employer,
British Airways.
The workers, all supported by Unite, claim that they were
dismissed soon after their 45th birthday, the age imposed by the
airline as the retirement age at its Hong Kong base. Despite
years of attempts by the union in Hong Kong, backed by Unite in the
UK, to bring BA's Hong Kong retirement age into line with the
standard retirement age for those working in other areas of the
airline's Hong Kong operation, with UK law and with Unite's
collective agreements covering UK-based crew, BA has steadfastly
refused to change it policy. Its forced retirement age of 45 for
Hong Kong Cabin Crew is now further out of step with UK law as, in
2006, legislation was introduced to outlaw age discrimination on
this basis.
In 2008, Unite won a pre-hearing to have the case heard in the
UK on the basis that discrimination laws apply to BA's
international cabin crew. BA appealed this decision in an attempt
to maintain the discriminatory practice by arguing that the case is
outside of the UK court's jurisdiction.
At tomorrow's tribunal, the EAT will be asked to decide to
confirm that the case can indeed be heard in the UK courts. If the
workers and Unite succeed, this will be a landmark case which could
have ramifications for international cabin crew throughout BA's
worldwide operations, and could bring them under UK legislation and
the jurisdiction of the UK courts.
Carol Ng, chair of the BA Hong Kong International Cabin Crew
Association and one of the 15 claimants have made the trip to the
UK to attend the tribunal in the hope that justice will now be
done.
Ahead of the tribunal, Steve Turner, Unite national secretary
for aviation, congratulated the workers on their fight for
justice:
"It is disgraceful that BA throws its Hong Kong cabin crew on
the scrapheap at 45 years of age, and it is unacceptable that they
continue to oppose all efforts by the workers and their union to
end what is a clearly discriminatory practice. Instead of hanging
its head in shame and looking for a way of ensuring all workers are
treated equally wherever they may be based, BA continues its
efforts to find legal loopholes to block efforts to end clear
discrimination.
"It is very disappointing that we have had to go to court over
this but we are determined to win justice for these workers."
ENDS
Photo-opportunity: Carol Ng and one of the Hong Kong cabin crew
claimants will be available for photographs, and will be joined
crew from the UK, outside the EAT at 10am.
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