Originally Posted by
vascodegama
The last thing we need is tired people who are there for safety reasons, of course, only a court could actually rule on this matter (if sacked) .
Not true.
As my case revealed, you do not have to be 'sacked' before you can haul your employer over the coals in front of a Judge. If, due raising any safety issue (known as 'raising protected disclosures'), the airline takes ANY action against you, including suspension; this is known as a "detriment to your employment". You can go for them i.e. you do not need to be sacked to commence legal action.
Since my case hit the headlines and after the release of my book, I have been inundated with pilots (and crew) wanting advice on dealing with similar issues that I had to face. It shows my case is not an isolated incident.
But is that not the point of BALPA, to support and advise? Surely it is the role of the CAA to stamp down on rogue operators? If you believe that, you are in for a rude awakening!
I was threatened with dismissal for refusing to offer Captain's discretion to cover an illegally planned (falsified) FDP. It breached the max FDP, before report, by nearly one hour. The airline claimed my refusal was gross misconduct for 'refusing a reasonable management instruction' to use MY discretion!
The Chief Pilot and DFO then proclaimed I was dishonest in claiming my refusal to fly a subsequent duty was due to fatigue.
Again they claimed this was 'gross misconduct'.
So, how fatiguing was the run of duties?
The duty required I land a Boeing 767 at night into one of the UK's busiest airports after being awake for nineteen hours. Is that not ridiculous enough for you?
This was the day after a duty that required me to wake at 04:30 and walk back through my front door at 22:30, i.e. an 18-hour day. Still not barmy enough?
This was following on from two sim days requiring I wake at 02:30.
At the subsequent trial, using the airline's own fatigue prediction software (FAST) it showed I would've at least been operating at the equivalent effectiveness of someone at the drink-drive limit or four times over the flying limit.
I was suspended and threatened with dismissal and eventually given a two-year final written warning.
If you think that BALPA would be all over this like a rash? Think again.
I was informed that they would NOT provide legal support at trial if I did not accept a £2,500 settlement, with no apology and the final written warning. They claimed I did not have a chance against a major airline and, if I lost, it would mean no other crew would ever report fatigued again.
With ZERO legal training, I was reduced to representing myself against one of the UK's leading barristers, appointed by the airlines and its entire legal and HR team.
After giving the airline enough rope to swing by I approached the CAA. According to the CAA, I should have 'got over it'. They would not answer questions of 'only academic interest' and would not get involved anyway because it was an 'employment matter'
Is this not the real issue? The CAA and BALPA are not fit for purpose. This is exposed in the second book and, as with the first, names will be named.
Currently, the CID are investigating the claims made in the books and will be approaching the CPS for charging authority very shortly.
As for me, well, if you are a 'Stranglers' fan and going to see them on their European tour this Sept-Oct, come and say hi. I'll be the bald bloke sweating like an ex-airline manager, drumming for the support band.