Pilot with fear of flying wins unfair dismissal claim

A pilot who was sacked after developing a fear of flying has won his unfair dismissal claim.

First officer Matthew Guest had been flying with the UK-based budget airline Flybe for seven years when he was transferred to a different type of aircraft and started having panic attacks.

Guest had been flying the Q400 type of aircraft, but when he was transferred to Embraer jets in December 2014, which typically fly longer routes, he started feeling dizzy and nauseous, with a “churning stomach”.

Before a flight to Italy, he began experiencing a sense of impending dread in the pit of his stomach at the thought of boarding the plane when driving to the airport.

“He later described this as feeling like severe butterflies or stomach cramp,” Judge Tom Coghlin QC wrote in his ruling.

The Q400 type aircraft that Matthew Guest flew successfully for seven years.

Medical certificate suspended

Guest’s medical certificate permitting him to fly was temporarily suspended after his GP wrote to his superiors saying he had “developed an increasing phobia and anxiety about long-distance flights and being trapped on the aeroplane.”

He was signed off with anxiety and only returned to work in April 2016 – but therapy, extra training and reduced hours all failed to cure Guest of his phobia.

On 17 June 2016, things came to a head when Guest, who was scheduled to fly to Kefalonia in Greece, called in sick.

He had twice raised concerns about the four-hour flight with his manager, who “suggested that during the cruise phase of the journey the claimant might pass the time by reading a book or doing a crossword (as pilots frequently do),” said Judge Tom Coghlin QC.

His work schedule was cleared and Guest was officially sacked in March 2017 in a letter from the airline’s COO, Luke Farajallah:

“We are not prepared to take the risk of returning you as a pilot on the EJet or Dash 8, so we are providing you with formal notice that we intend to terminate your employment on capability grounds.” 

An Embraer type jet that led to Matthew Guest’s flying phobia.

Court finds the dismissal was unfair

In the end, the judge ruled in Guest’s favour, saying that he should have been allowed to meet with the airline’s COO as he was the key decision maker in Guest’s dismissal.

He also said the airline could have allowed him to return to flying Q400 planes, or offered to let him fly accompanied by an additional pilot for a period, the judge noted.

Guest now feels Flybe should reinstate him to make amends.

If the airline declines, a judge will rule on the issue later this month.

Industrial relations advocate Miles Heffernan from Dismissals ‘R’ Us described the case as unusual.

“I would have thought an inherent requirement of being a pilot is being able to fly aircraft, and the law here in Australia says that if you cannot perform the inherent requirements of a particular job, then that is usually reasonable grounds for dismissal,” he said.

“In this case, it appears the judge has determined that the employer didn’t offer alternative positions to the pilot within the company, including flying on the type of aircraft he was comfortable with, so therefore found the dismissal was unfair.”

If you have been unfairly dismissed from employment, you may be entitled to compensation or reinstatement. 

But you only have 21 days to make a claim, so don’t delay!

For help and advice, please call our specialist team at Dismissals ‘R’ Us on

1800 4 FIRED (1800 434 733)

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