Former BA Worker Fights British Airways After 30 Years

Pandemic Reductions and the Fire-and-Rehire Strategy

During the COVID-19 pandemic in 2020, British Airways issued redundancy notices to nearly all of its 42,000 staff members, resulting in approximately 10,000 job losses. Tess De Mello, who spent 30 years as a member of the airline’s cabin crew taking deep pride in her role, was among those let go as the company faced severe economic pressures.

According to statements made by the Unite union to the parliamentary transport select committee at the time, British Airways utilized a fire-and-rehire approach. Staff members who remained with the airline were required to accept pay cuts and demotions. Members of parliament characterized the maneuver as a national disgrace.

For De Mello, the dismissal carried a heavy personal toll alongside the professional disruption. She described experiencing significant shame, worrying that former colleagues who looked up to her would judge her performance or assume she was let go due to poor work quality. When she was later offered a chance to return, court documents for an unfair dismissal claim show she asked for clarification on her exact salary and a short time to think it over while explicitly stating she wanted to stay. BA informed her she would instead be treated as having chosen to leave.

The Legal Battle Over Shift Patterns and Holiday Entitlement

The current legal claims focus heavily on holiday pay calculations for part-time workers whose shift schedules involve blocks of full days on followed by blocks of days off. Because short days are impractical given the nature of flight operations, lawyers for the claimants argue that these patterns classify them as part-year workers similar to teachers, making them eligible for full-time holiday entitlements under a 2022 supreme court ruling.

Unite has noted that this specific shift pattern is standard practice throughout the aviation industry. A successful outcome for De Mello and her colleague could therefore open the door to widespread claims from other cabin crew personnel, exposing airlines to substantial financial liabilities.

British Airways Response and Tribunal Outcomes

British Airways has defended its actions during the public health crisis, maintaining that the restructuring steps were necessary to prevent the complete collapse of the business. An employment tribunal in 2025 dismissed claims brought by the two claimants regarding the measures taken by the airline to manage the pandemic.

In a statement regarding the ongoing litigation, British Airways said: “In 2025, an employment tribunal dismissed claims brought by the two claimants relating to the steps British Airways took to avoid the collapse of the business and loss of thousands of jobs during the Covid-19 pandemic. Finding in our favour and dismissing the claims, that employment tribunal determined that BA’s actions had been non-discriminatory and fair. We believe these latest claims are without merit. We will be making that clear to the tribunal.”

Frequently Asked Questions

Why did British Airways cut staff in 2020?

British Airways reduced its workforce in response to severe economic pressures brought on by the COVID-19 pandemic, issuing redundancy notices to nearly all 42,000 staff members and ultimately cutting around 10,000 jobs.

What is the core argument behind the current holiday pay claims?

Lawyers representing the former cabin crew argue that shift patterns involving blocks of full days worked followed by days off classify workers as part-year employees, entitling them to full-time holiday pay based on a 2022 supreme court ruling.

How has British Airways responded to the latest legal challenges?

BA maintains that an employment tribunal previously determined the airline’s pandemic-era actions were fair and non-discriminatory, and the company stated that the current claims are without merit.