Hong Kong Cabin Crew Take BA to Court to End Age and Race Discrimination

By Unite The Union, PRNE
Tuesday, November 24, 2009

LONDON, November 25 -

    Employment Appeals Tribunal (EAT)
    10.30am, Thursday, November 26th, 2009
    58 Victoria Embankment, EC4Y 0DS London

The Employment Appeals Tribunal will tomorrow (Thursday) hear the case of
15 female international cabin crew who are alleging age and race
discrimination on the part of their former employer, British Airways.

The workers, all supported by Unite, claim that they were dismissed soon
after their 45th birthdays, the age imposed by the airline as the retirement
age at its Hong Kong base. Despite years of attempts by the union in Hong
Kong
, backed by Unite in the UK, to bring BA's Hong Kong retirement age into
line with the standard retirement age for those working in other areas of the
airline's Hong Kong operation, with UK law and with Unite's collective
agreements covering UK-based crew, BA has steadfastly refused to change it
policy. Its forced retirement age of 45 for Hong Kong Cabin Crew is now
further out of step with UK law as, in 2006, legislation was introduced to
outlaw age discrimination on this basis.

In 2008, Unite won a pre-hearing to have the case heard in the UK on the
basis that discrimination laws apply to BA's international cabin crew. BA
appealed this decision in an attempt to maintain the discriminatory practice
by arguing that the case is outside of the UK court's jurisdiction.

At tomorrow's tribunal, the EAT will be asked to decide to confirm that
the case can indeed be heard in the UK courts. If the workers and Unite
succeed, this will be a landmark case which could have ramifications for
international cabin crew throughout BA's worldwide operations, and could
bring them under UK legislation and the jurisdiction of the UK courts.

Carol Ng, chair of the BA Hong Kong International Cabin Crew Association
and one of the 15 claimants have made the trip to the UK to attend the
tribunal in the hope that justice will now be done.

Ahead of the tribunal, Steve Turner, Unite national secretary for
aviation, congratulated the workers on their fight for justice:

"It is disgraceful that BA throws its Hong Kong cabin crew on the
scrapheap at 45 years of age, and it is unacceptable that they continue to
oppose all efforts by the workers and their union to end what is a clearly
discriminatory practice. Instead of hanging its head in shame and looking for
a way of ensuring all workers are treated equally wherever they may be based,
BA continues its efforts to find legal loopholes to block efforts to end
clear discrimination.

"It is very disappointing that we have had to go to court over this but
we are determined to win justice for these workers."

Photo-opportunity: Carol Ng and one of the Hong Kong cabin crew claimants
will be available for photographs, and will be joined crew from the UK,
outside the EAT at 10am.

For further information please call Pauline Doyle [Pauline.Doyle2 at unitetheunion.org] on +44(0)7976-832-861

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