Case No: 2600427/01
51. On 20 October 2000 Captain Leslie was advised that his appeal had failed. His warning was upheld and British Midland were stated to be unimpressed with the “One List” communications.
52. On 23 October 2000 Captain Leslie appealed. Thereafter, he made complaint on 13 November 2000 by e-mail that the appeal was not being actioned and complained of the procedures adopted by the respondent as being “ramshackle.”
53. On 14 November 2000 the date of appeal was notified, Captain Leslie wrote to John Morgan Director of Safes and Marketing (who was to hear the appeal) on 22 November 200 by e-mail saying that the original complaint against him for not flying had not been proceeded with and the remaining matters were minor. He asks in effect that his warning is withdrawn.
54. On 23 November 2000 Captain Lawrie tells Damien Fletcher from Personnel about Captain Leslie saying he was too stressed on 29 September 2000. He sent an e-mail to Mr Morgan recording Captain Leslie saying he was “too stressed to go near an aeroplane”.
55. A further appeal hearing took place on 24 November 2000 and a letter sent dated 1 December 2000 confirming the appeal was refused. By a letter to Captain Leslie on 7 December Mr Morgan states that British Midland are concerned at the stress Captain Leslie is under and that British Midland would need to be sure that he is fit to return to work, ie to return to flying. The letter required a meeting to take place between Captain Lawrie and Captain Leslie. However, a letter of 7 December from Mr John Morgan, to Captain Lawrie was more specific and referred to the stress levels of Captain Leslie. In block capitals it said that Captain Leslie “Must not resume flying” until he has been medically certified as fit to do so.
56. On 6 December 2000 Captain Lawrie invited Captain Leslie to a meeting on 8 December. Rhona Coe was present at the meeting between Captain Lawrie and Captain Leslie. Prior to the meeting no mention was made to Captain Leslie of the requirement of a medical examination being set. in addition, before that date a review of all hotels used by flying staff had been carried out of which hotels were agreed into three categories, either within fifteen minutes of the airport, within fifteen minutes subject to dedicated transport being arranged and outside fifteen minutes. The hotel in Edinburgh was within the category which was within fifteen minutes only if dedicated transport was provided. This, in effect, justified Captain Leslie’s view which hid led him to refusing to fly. in other words, the process complained about by Captain Leslie did not comply with the CAA or AFS Flight Time Limitations.
57. Captain Lawrie sent a letter to Captain Leslie dated 8 December 2030 requiring three things of Captain Leslie; to accept the disciplinary sanction, to express a wish to move forward by improved communication skills with management and also confirm that he would attend a medical appointment,
Case No: 2600427/01
The letter confirmed that the medical was in addition to and independent of his valid CAA Class I medical. The letter points out that an appointment had been made with a Dr Medley in Nottingham for 12 January 2001. The letter does not say that this is due to Captain Leslie’s stress but that it is his attitude which continues to cause British Midland concern, Captain Leslie was required to confirm his agreement to these conditions by 15 December.
58. The mention of the requirement to have a medical examination during the meeting on 8 December caused Captain Leslie to leave the meeting abruptly arid Captain Lawrie described him as being “enraged.” Captain Lawrie described Captain Leslie as sifting in his car for a period after the meeting during which, it appeared to Captain Lawrie, Captain Leslie was composing himself. He accepted in evidence, however, that it was quite explicable by Captain Leslie making a telephone call. We accept Captain Leslie’s account that he was merely making a telephone call with the door of the car open. No doubt he did need to calm down after the meeting but this was due to being asked to do something which his contract did not require and for which there was no precedent with other pilots.
59. On 11 December 2000 Captain Leslie’s solicitor wrote to British Midlands saying he was fit to return to work and protesting about the disciplinary process. The solicitor says that he is certified as fit and that there is no need for a medical. Captain Leslie had previously advised this by an e-mail of 5 December 2000. A reply was made on 14 December 2000. In this letter British Midland say that this is not the first time that Captain Leslie’s attitude and behaviour caused concern. This apparently referred to an unrelated incident which about his attitude and behaviour. The letter points out that it was said that Captain Leslie was unfit to fly throughout the disciplinary process and, he would not fly during the course of any disciplinary action. In any event, if he was too stressed to do the job he would not be allowed to do it.
60. By a reply of 14 December 2000 the solicitors pointed out that Captain Leslie could not be compelled to have a medical.
61. On 15 December 2000 by e-mail Captain Leslie complained of the tone and content of the e-mail which he described as offensive. Again, on 15 December 2000 a letter was sent to the solicitors by the Personnel Manager, Darnien Fletcher.
62. On 16 December 2000 Captain Leslie ccnfirmed that he had had his medical for his CAA licence renewed and pointed out to British Midland that the requirement to have an additional medical was unreasonable and unfounded. He pointed out that he had consulted BALPA, who agreed with his view. He reminds British Midland of the terms of AFS and states that denying his return to work is unfair.
63. On 21 December 2000 it was pointed out by Mr Leslie’s solicitors that the doctor nominated by British Midland was not approved by the CAA. A letter of
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instruction was sent to Dr Medley on 9 January 2001 by Rhona Coe. This appointment was confirmed as still open to Captain Leslie on 12 January 2001. In the letter of instruction she describes Captain Leslie during the disciplinary process as physically shaking and with extreme redness, We do not accept this was the case. We do not accept that he was enraged to the point of incoherence as said by Rhona Coe. We accept the evidence of Captain Clarke and Captain Leslie. Captain Clarke witnessed anger and frustration on Captain Leslies part but at no time was Captain Clarke concerned about Captain Leslie’s demeanour. He stated his willingness to fly with Captain Leslie if required.
64. On 11 January 2001 Captain Leslie’s solicitor sent a fax message to British Midland saying it was not necessary for Captain Leslie to have a medical and makes clear that he holds a medical fitness certificate to say that he is fit to fly. Replies were sent to the solicitors arid Captain Leslie on 16 January 2001 confirming that British Midland would not let Captain Leslie fly without a medical examination, it was pointed out that a review would take place on 6 February 2001 and that this review could possibly result in termination of Captain Leslie’s employment. Responses were requested by 24 January 2001 so that these could be considered.
65. On 16 January, Captain Leslie went through a further medical with the CAA approved doctor which confirmed his fitness to fly. The medical had been conducted at the expense and instigation of Captain Leslie before it was due in the ordinary course of events. Copies were provided to British Midland on 19
January2001.
66. On 23 January 2001 a fax was sent by Captain Leslie to D mien Fletcher saying that Dr Medley was not qualified as a CAA medical examiner and it was unlikely that he had any aviation medics; qualifications. This was not disputed by British Midland. In fact the doctor had been nominated by it’s solicitors. Captain Leslie points out that he had his medical examination by a different doctor in the practice than the one he had seen in October 2000. The fax pointed cut in a polite way that British Midlands fears may be allayed by the medical
67. There was a doctor employed by British Midland, Dr Cresswell, who was a pilot medical officer. We were told during the hearing that British Midland did not refer Captain Leslie to him because of the potential for Dr Cresswell to fly as a pilot with Captain Leslie. We did not accept this as persuasive. in our view there was no reason why Captain Leslie could not have been referred to Dr Cresswell. We accept what Captain Leslie and Captain Clarke said. Captain Clarke himself explained he had been subject to an intimate medical examination by Dr Cresswell shortly before flying with him and this presented no difficulties for him or Dr Cresswell. Captain Leslie agreed with this. Captain Cresswell was obviously a pilot as well as a qualified doctor approved by the CAA and best able to judge.
68. After the close of the evidence put before the Decision Hearing on 9 October 2000 a letter was received from Dr Cresswell enquiring as to the
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evidence given. He had been told that evidence had been given that it would not be appropriate for him to conduct medical examinations of pilots. He could not understand this as he was the pilot medical officer. This confirmed the view already taken by the Tribunal from the evidence heard. We also understand that there was a Doctor Turnbull at the CM to whom Dr Cresswell could refer any pilot if necessary.