Virgin Atlantic Airways v Loverseed

Virgin Atlantic Airways v Loverseed and others

Facts

The Respondent rendered the Claimant pilots redundant. This occurred after the COVID-19 epidemic, which prompted a decline in aviation travel. The Claimants contested the fairness of their redundancy selection. They said the selection criteria were unclear. They said that the method was intended to choose pilots in the 'middle bracket' - those who are the most costly but not the most experienced. Some cited indirect age and/or sex discrimination, as well as overall unfairness.

As part of the disclosure process, the Respondent provided several versions of an internal document named 'Velocity 21'. It included financial details on pilot expenses. It featured comparisons, such as the savings from changes in terms and conditions or reduced numbers. The Respondent redacted the pilot expenses and possible savings from these documents. They stated that the redacted material was not required for a fair resolution of the proceedings.

The Claimants asked for particular disclosure of the unredacted papers. The tribunal approved this. They did so because the unredacted materials were necessary for fair selection. They were also crucial to any case for justifying the indirect discrimination charges. The Respondent appealed to the EAT.

Held

The appeal was denied by the EAT. It was decided that in accordance with Civil Procedure Rule 31.6, a party must provide any documents that it uses or that also helps the case of any other party. Additionally, it has to reveal those who undermine the opposing party's or their own case. The papers were deemed significant by the EAT. They would be relevant to the questions of what the selection criteria were, whether they were fair, and if cost-cutting measures had an impact on them (potentially harming the Respondent’s pleaded case that they were not).  

Comment

It was appropriate for the Tribunal to mandate the release of the unredacted financial information-containing document. The Employment Appeal Tribunal affirmed a case management order that demanded the release of an unredacted financial document prepared by the Respondent in Virgin Atlantic Airways v. Loverseed and others.