Flight attendant discriminated against following brain tumour

By November 5, 2019Uncategorized

Employers have been reminded of their duty to make reasonable adjustments after an airline was found guilty of discrimination because it failed to reassign a flight attendant into a ground-based role following a brain tumour.

A London ET unanimously ruled that Ryanair discriminated against and constructively dismissed Margita Dworak as a consequence of its “ongoing discriminatory treatment” in relation to her disability. It found the employer repeatedly ignored requests by Dworak for reasonable adjustments and reassignment to ground-based roles, and said that asking her to apply for suitable roles through an open, standard recruitment process amounted to “not making any adjustments whatsoever”.

Judge Tobin said the failure to provide Dworak with alternative work or adjust a role to accomodate her disability amounted to disability discrimination, and that Dworak’s resignation was not “because of her illness, nor did she resign for any other reason than [Ryanair’s] intentional and continuous failure to provide her with work”.