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BA Pilot's sex discrimination case. (Update: Now includes Tribunal's judgement)

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BA Pilot's sex discrimination case. (Update: Now includes Tribunal's judgement)

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Old 16th Jan 2005, 15:34
  #181 (permalink)  
 
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She is challenging BA's decision to arbitrarily change the rules after she had made her application.
If this really is the case, then why hasn't more been made of it? There would surely be no need for a claim under sex discrimination legislation.

But then I'm not a lawyer......
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Old 16th Jan 2005, 18:44
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If this really is the case, then why hasn't more been made of it?
...because companies frquently write employment contracts that allow them to change terms and conditions but they aren't allowed to discriminate. I'm sure she has been well advised. You have to use the law as you find it.

I've always felt that the sex discrimination angle to this case was probably a side issue eg I'm sure BA will say male pilots with low hours can't work 50% either.

This means her claim is probably for what's called "indirect discrimination". It's is invoked where equal rules for male and female effect one sex more than the other for some reason.

It would be interesting to see what her legal arguments are.
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Old 16th Jan 2005, 19:15
  #183 (permalink)  

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Flying Lawyer,

Floodgates is exactly what I suspect it is, my old chum. Much has been made of the 'female' aspect but let us not forget that 50% part time may suit many male pilots too; not only those with family commitments but also those nearing retirement (although, of course, they would not be subject to the 2000 hrs rule).

BH
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Old 16th Jan 2005, 20:10
  #184 (permalink)  
 
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Can someone tell us how many BA cabin crew work 50% contracts after having their kids.
How many would be working there if they'd had to work 75% contracts. And we all know that BA cabin crew on the "old" contracts earnt more than new pilots.

For the uninitiated who think its "unsafe" for a "low hours" pilot to fly part-time can I just say:-

up until very recently most charter pilots worked very "part-time" for the entire winters - was this unsafe?

other airlines offer part-time working without the restrictions

I understand BA were happy enough to offer ANYONE a part-time contract after Sep 11th (coz it suited them).

The 2000 hour rule is a new one - prior to that they allowed 50% working by part-time pilots

The CAA have never ever queried part-time working and minimum hours rules so obviously aren't worried about the safety aspects

Why don't BA provide an in-house nursery for the hundreds of parents they have working for them on odd shifts (cabin crew and pilots)

Part-time working should be seen as a good thing, regardless of the reasons for wanting it. The only additional costs are going to be a couple of sims a year, and as the airline wouldn't have to worry about the maximum flying hours they could get the part-timers to do plenty of hours without hitting the duty limits

Many airlines were happy to offer part-time work when it suited them, and a company as big as BA should easily be able to incorporate it. Why doesn't it have a policy that one or both parents may go part-time for 5 years (until the child starts school). Then, as previously mentioned, offer part-time working only on a seniority/ allocation system

The airlines constantly tell us that there is a plentiful supply of new pilots out there, so what's the problem?

And if EasyJet, a low cost airline, can do it, surely BA can?

I hope she wins - I don't have kids, but I would like to go part-time. We need a life-work balance back.
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Old 16th Jan 2005, 20:11
  #185 (permalink)  

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Tandemrotor

No, you are wrong, you cannot get overtime on your days off, you are not deemed to be employed by the company on those days. Anyway, why would a part-timer want to work on his/her day off? The reason for being PTWK is to spend less time at work, not more.

Flying Lawyer: Hello I don't think we've 'conversed' before. Interesting discussion as you say, but spoiled by those who are ignorant of what the law says.

Yes one is less likely to be objective when the subject it known to me, but I work for BA, am male and am on a 75% contract (standing by for hate flamers here). Hence my opinions are based on that standpoint.

I think you are factually incorrect when you say Jessica is trying to get BA to change the rostering system as 50% PTWK is an option available for anyone in Flt Ops to at least apply for. She was just asking for that to be applied to her. BA then jumped in with an arbitrary rule change with this 2000 hr business which they have just dreamed up presumably to deter a flood of applications for similar.

BA probably refused her request because the Airbus fleet is underestablished. Our credit targets are steadily increasing and the fleet is showing the strain with recent flight cancellations due to lack of F/Os (Training Captains being offered overtime to fly in the RHS).

There have been problems with recruitment due to a pension dispute and the fact is that BA need more pilots now. Hope this helps, Flying Lawyer.

Those people who snipe at Jessica's hours total must remember that we have relatively little control over how many hours we work in BA, if the company construct inefficient tours involving positioning and long delays between flights and LHR T4 - T1 transfers, there is little we can do about it, but we all end up spending long hours at work. Add that to chaos LHR and I don't blame anyone trying to get part-time.

Airbus Girl, we posted at the same time. I think the answer to your question is here in this thread somewhere, something like 66% of CC are on some kind of flexible working arrangement.
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Old 16th Jan 2005, 21:07
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Airbus Girl
BA certainly were not offering PT or Stand down to every pilot after 9/11. Some of us were denied it as we were short on our fleet. I also happen to know that some part timers have been abusing the system and accepting Draft trips on their part time days off. BALPA know about this, 'cos some of us complained about it. This goes back to a previous poster referring to how pilots will shaft everyone else if it benefits themselves.
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Old 16th Jan 2005, 22:19
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Angry

This must surely be the dummest thing ever!!!!

We all want equal rights, but with that we also have to accept equal obligations!!!!!!!!

Claiming sex discrimination is just taking the p**s and abusing the system to get your way. I am all in favor of more female pilots, but they have to pull theire weight just like the rest of us..

Why is it that equal right only aplies to woman, and only when it suits them.

I say she needs to take her 75%, husband can do the same, or why cant her husband take 50% ????

Sorry, but I have no time for this, it just makes me mad. IF she cant cope like the rest of us, go and do something else....
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Old 16th Jan 2005, 23:06
  #188 (permalink)  
 
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Too right Captskyboy, if she can't organise her life while she and her pilot husband are 75% , then why the hell should BA ,and in turn the rest of its staff pick up the pieces?

She is in a ultra privileged position in an industry thats finding it hard to get back on its feet after years of virtual bankruptcy.

She's been with the airline virtually five minutes, already taken maternity , already got a part time contract , and then she kicks the company in the face with a court case and dragging it through the media in a most tasteless fashion.

If she doesn't like her low seniority rosters,her 220 mile commute (is that safe????) ,combined with her chosen motherhood, then SHE has to sort it out.

It all seems very convenient, and she has bitten off far more than she can chew.

For someone who has offered BA the equivalent of a years work , she has taken a hell of alot in return - - a £100k investment, ,maternity leave, part time contract..... and she dares to demand more ???

Individuals acting like this have a major impact on a company and its employees on the whole - how selfish can you get ?
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Old 16th Jan 2005, 23:10
  #189 (permalink)  
 
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Individuals acting like this have a major impact on a company and its employees on the whole - how selfish can you get ?
Ah but you forget, we are talking about the PC brigade here, supported by lawyers whose brains have been twisted by unblinding ambition and tortured by insatiable greed.

The various Lefties cannot comprehend the simple facts of economic life, never having had to earn a living in a commercial world.

So often cushioned by non-productive public sector and institutional jobs, softened by inflation beating pensions, perks and pay rises.

All paid for by the likes of you and I.
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Old 17th Jan 2005, 00:18
  #190 (permalink)  
 
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Thanks BH
It’s true much has been made of the 'female' aspect here, but that’s not surprising given that Mrs Starmer is using her gender to try to get what she wants, claiming sex discrimination by BA. Her claim is as a ‘woman pilot’ rather than as ‘a pilot’. Even if the tribunal finds in her favour, the decision won’t apply to male pilots at BA.

Airbus Girl
I’d heard some cabin crew earn more than new pilots at BA, as you say. I didn’t believe it the first few times I was told. I assume their union is more powerful/effective than Balpa.
(It's probably no comfort, but senior barristers' clerks often earn more than many barristers even though we, like pilots, have to go through years of training to obtain our qualification.)

Thanks for taking the time to answer my question Overstress. (As you say, we haven’t 'conversed' before - hope you didn’t think it was forward of me when we hadn’t been formally introduced. ) Typical lawyer - always wanting more facts.
You say PTWK is an option available for anyone in Flt Ops to at least apply for. So no-one is entitled to demand to work part-time, only to apply? She applied to work 50% and BA said no, but offered a compromise which she turned down.
From what you say, and what a BA witness told the tribunal, it seems that anyone else in her position on the same fleet (male or female) would also have been refused 50% working.

According to BALPA –
BA employs 2,980 pilots, including 152 women.
In total, 72 pilots work part-time.
Of those 72:
61 are working 75% contracts
11 are working 50% contracts

So, in summary:
Only 11 pilots out of 2,980 are allowed to work only 50%.
Mrs Starmer applied to do so.
BA refused saying ‘Not at the moment’ – but offered a 75% compromise.
BA says (amongst other reasons) that the Airbus fleet is short of pilots.
You confirm that’s true.
It’s suspected that BA is worried about the floodgates effect if other pilots apply.
You say BA is short of pilots generally at the moment.

I’m afraid I’m one of those you say are ignorant of what the law says. In many areas outside my own field, I can make a reasonably accurate guess at what the law is likely to be/which side is likely to win. When it comes to employment law, I've learned over the years it's usually best do that and then assume the answer is the opposite.
On that basis, I assume her chances of winning a 'sex discrimination' claim are quite good!

Last edited by Flying Lawyer; 17th Jan 2005 at 08:30.
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Old 17th Jan 2005, 07:45
  #191 (permalink)  
 
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Please...

...let's bear in mind why BA, as well as all the other airlines, are in business: Is it to "...provide an in-house nursery for the hundreds of parents..." or arrange some nice life for those employees who "...don't have kids, but would like to go part-time..." or maybe fly people the safest, most economical and effective way to their destinations?

Come on people! I say the same that has been said here numerous times before: this girl is just going to ruin about every young girl's chances for an airline career before (and during) their maternity.

We all must know that this is a demanding job with irregular and odd shifts and this fact will affect in our "civilian" life many ways, including commuting distance, social life, etc... Being a Professional Pilot covers many aspects of life, including the ability to plan our own individual future. If someone finds this too demanding, please leave the scene and let in those who can cope with it!

Last edited by Aviate378; 17th Jan 2005 at 07:56.
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Old 17th Jan 2005, 08:32
  #192 (permalink)  
 
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Thanks for correcting my terminology. I think you're right, and have edited my post. As I've said, I know very little about employment law - and certainly don't have a "superior knowledge" of it.

I suppose, to be completely accurate, the allegation must be of 'indirect' or 'constructive' sex discrimination. From what I've read, there doesn't seem to be a scrap of evidence that BA has directly discriminated against her.
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Old 17th Jan 2005, 13:25
  #193 (permalink)  

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Aviate:

If 'this girl' is going to 'ruin every young girl's chances' as you say, then can you explain why BALPA, which is committed to encouraging women to become professional pilots, is supporting her? Presumably it wants to waste its time?
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Old 17th Jan 2005, 13:58
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I was interviewed for BEA sponsorship at Hamble (many years ago) by a retired senior pilot (I almost said the C*pt**n word!).

The practise (I think) still continues.

If I were in the position of receiving my BA pension, ( wishing obviously for BA to stay in buisness) and at one of these interviews had to make the choice between a male or female candidate, bearing in mind the training costs (must be in excess of £60,000 even before arriving at Cranebank) I know which one I would chose.

There must be a few females out there who would like to meet this young lady!
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Old 17th Jan 2005, 18:50
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overstress

Are you assuming BALPA has thought the possible repercussions through?

Has BALPA got a good track record for long-term strategy and looking after the interests of airline pilots in general?
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Old 17th Jan 2005, 21:38
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Woodpecker – you bet!

Said female pilot claims to have "worked long and hard" to get where she is. Ehhh, obviously 2-3 years seems like an eternity to an immature 24-yr old!
Like Girl Flyday expressed on page 10 – any female lucky enough to be taken on by a major airline should be careful about birth-control. Most professionals in any area wait until their 30'ies to have offspring, to secure their careers first.
Too bad this gal never gave a thought to the fact that her egotistical action may contribute to a setback for the female participation in commercial aviation..
One thing she's got in common with the male pilots, though: No matter how competent you are regarding the flying bit, your private life may suck hopelessly.
Sounds like a poor spoilt brat, finally banging her head against the wall of reality.
Day/night care is possible to find, if you want to! As well as housing closer to airport.
Praise to all cabin crew managing childcare while flying the same rosters as pilots.
(Maybe she should have taken advice from some of them before going to court.)
Shame on me for thinking that the female part of aviation was finally getting ahead!
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Old 17th Jan 2005, 22:50
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Nardi Riviera said
Most professionals in any area wait until their 30'ies to have offspring, to secure their careers first.
Too bad this gal never gave a thought to the fact that her egotistical action may contribute to a setback for the female participation in commercial aviation..
Wow, just because its the way things may have been done in the past, does it mean that it should always be done that way? Should women have been allowed to vote? In your world maybe not.

A 'traditional' route for women may be to work for 5-10 years full time and give up her career completely to have children. JS on the other hand works for 2 years full time, has a child and returns to work part time. She then may continue to work for 33 more years, and may at some point return full time. So she completes the equivalent of a minimum 18 years full flying service.

Is there a law saying when you must have children?

FWIW I believe there should be access to part time. Possibly on a sliding scale. 50% for 2 years, 75% for 2 years followed by full time. Equally I believe it should be applicable to men if requested. The flight ops department doesn't have a part time policy though (apart from if you change fleet you have to give up part time).
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Old 18th Jan 2005, 08:05
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Nardi said "Praise to all cabin crew managing childcare while flying the same rosters as pilots."
I'm afraid you need to understand that ( even on a full time basis ) cabin crew at BA work 60 - 70% of the hours and commensurately far less sectors than pilots.

Not wishing to wander off the thread - but cabin crew are extremely well treated with "gentle" rostering practices such as ;
(i) Generous 2hr min turnrounds at LHR .
(ii) Minimum 16 hours between consecutive duties
(iii) only 650 hrs per year LH - pilots do 900... etc etc

No wonder that they face an easier challenge with childcare than Jess Starmer might.....No wonder there is a "pent up" and unsatisfied demand amongst pilots for part time working.

Last edited by Shuttleworth; 18th Jan 2005 at 08:43.
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Old 18th Jan 2005, 08:59
  #199 (permalink)  

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Nardi

'sounds like a poor spoilt brat'

Easy words to spout from the safety of your anonymous username, this contributes little to the discussion. Whatever it sounds like to you, this person is hard-working and dedicated, whether you like it or not. Your perspective is an unusual one.

(Off-thread for a moment As Shuttleworth says, you just cannot compare CC rosters to pilots. Their archaic working practices frequently leave pilots shaking their heads in amazement. Yesterday, one of our shining new 'purserettes' declined to accept a couple of extra club passengers as it didn't fit in with a 'matrix' requiring an extra crew member. This lack of CC flexibility is part of BA's problems at the moment.

Woodpecker:

If you were the interviewer in the scenario you describe, you would soon find yourself involved with the legal action that would be brought against you, for what you are implying would be illegal in the UK.
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Old 18th Jan 2005, 16:30
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And how overstress would you police such action?

After all, what action has been taken over the "pink brigade" (in CC recruitiung) recently choosing a completed course of "pink brigaders".

Back to the point I was making. It would be easy to find "plus points" in a male applicants interview that tipped the balance. If selection were based on the number of GCSE's then it would be different, but it's not.

Look at it this way, does anyone out there think this young womans action have improved the chances of airlines recruiting more females?
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