Originally Posted by
G-MILF
The point the tribunal is making isn't that the individual wasn't capable, it was that Flybe didn't follow its own HR procedures. Had they have done, the tribunal agrees that it is most likely the individual could have been fairly dismissed on capability grounds. It is very common in the tribunal system that they find against a respondent purely on the basis they didn't follow process rather than disagree with the outcome.
That may very well be the case, however ruling to reinstate him back to his pilot position is idiotic. Would the judge and his family in this case fly with Flybe knowing the guy will be the co-pilot or captain of the flight? I don't think so. Then why put other people at risk? If there is an incident or accident involving this individual who will be responsible for it?
If it is true that Flybe didn't follow their own procedure and the judge is ruling against the company because of it then a payout would have been a more appropriate ruling taking into consideration the safety factor involved.