Wytrzyszczewski v British Airways Plc [2023]
Decision Number: EAT 7 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 02/03/2023
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Appellant:
Wytrzyszczewski
Respondent:
British Airways Plc
Summary

The EAT remitted the case for reconsideration of the claimant’s race discrimination complaint and overturned the Tribunal’s 100% Polkey reduction, finding both issues had been wrongly determined

Background

Background:

The claimant was employed by the respondent as a member of its cabin crew for a period of eight months.  He brought a range of claims relating to what he termed as multiple health and safety concerns where no action had been taken, xenophobic comments and harassment.  This also included sex discrimination and harassment. This, in totality, led to a claim for constructive dismissal.

The beginning of the process can be taken to a meeting in March 2018.  The context is that the claimant had been informed that he

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 02/03/2023