An easyJet cabin manager who received a slew of complaints over alleged inappropriate and misogynistic comments was not unfairly dismissed, an employment tribunal has ruled.
Ross Barr, a manager based in Edinburgh, was sacked by the airline following a disciplinary hearing in September last year but claimed he was unfairly dismissed, that the company failed to provide written reasons for the firing and that he was less favourably treated because of his sexual orientation.
Allegations against him included that he told one crew member on a flight that he was âstaring at your assâ, called female flight attendants âlovely ladiesâ over the tannoy and made reference to his âmore attractive colleaguesâ, according to the tribunalâs judgment.
A complaint was made about Mr Barrâs behaviour towards female colleagues on a flight in August 2022, with a resulting disciplinary hearing concluding in a final written warning.
At the end of 2023, an anonymous complaint by a crew member was made alleging Mr Barr repeatedly made inappropriate comments which made her uncomfortable and âsexual or disrespectful comments to passengers, including homophobic and transphobic comments in her presenceâ after which it was decided he should receive counselling and advice.
A customer complained about Mr Barrâs conduct during a flight in July last year, alleging he told a female member of the cabin crew: âIâm not doing anything, Iâm just staring at your assâ when walking down the aisle behind her.
During a meeting with the Edinburgh base manager, Mr Barr said he could not remember the incident, adding: âWithout knowing who this was I donât know what context this would be.
âWith some of the crew you get on better with and have banter with⊠the only thing I can think of was from another flight, it was (female crew member) that was up front. I went to get something from the trolley and I brushed passed her boobs and I went too close and said I think I have touched your boobs.
âI have been wracking my brain and cannot think of anything. I do remember someone bent over and I said âoh I am not looking at your bumâ but cannot remember when this was.â
The crew member confirmed in interview that Mr Barr had made the comments but said it did not offend her, calling it âbanterâ and an âoff the cuff commentâ that she did not feel was directed at her.
The same passenger also alleged Mr Barr âhad behaved in a consistently misogynistic and inappropriate mannerâ since they boarded the plane, including calling female flight attendants âlovely ladiesâ over the tannoy and making reference to his âmore attractive colleaguesâ.
Mr Barr admitted calling female crew members âlovely ladiesâ but said he called male crew âlovely gentlemenâ as well, and explained that the reference to his âmore attractive colleaguesâ was self-deprecation.
In August last year another complaint was made about Mr Barr by a crew member after her first shift working with him, alleging: âThe entire shift pretty much he was talking about sex or making jokes about it.
âHe explained that he had been suspended before due to a speak up speak out (complaint) that someone previously put in against him because âall I said was that her tits would get bigger if she got pregnant, and guess what they didâ.â
She also complained that when she was putting an extension seatbelt back into the bag which had little room for it, Mr Barr said to her: âHaving a problem trying to stuff it in? Bet youâve never had that problem.â
In an interview about these allegations, Mr Barr did not accept that his comments were sexual in nature and, regarding the seatbelt comment, said: âI can hear me saying âjust stuff it inâ, I donât know⊠I really donât remember.â
Another crew member on the flight said she could not remember anyone making sexual comments.
It was decided at a disciplinary meeting that Mr Barrâs behaviour was a risk to the business and gross misconduct, and that his employment would be terminated.
His appeal against the sacking was unsuccessful.
Employment judge Muriel Robison found there was âno substanceâ to Mr Barrâs concerns about the reasonableness of the investigation into his conduct and that the decision to dismiss him was based on a âgenuine beliefâ that he had committed the alleged misconduct.
âIn regard to the claim that he was less favourably treated because of his sexual orientation, it is understood that the claimant relied on a former colleague whom he described as his mentor as a comparator,â the judge continued.
âHe claimed that he replicated his style of public announcements, but that his comparator had not been reprimanded. However, this misses the point entirely.
âThe claimant did not produce any evidence which could suggest that this comparator, or indeed a hypothetical comparator, was in the same or similar circumstances, that is had been accused of sexual harassment following a complaint from a customer and/or colleague.â
The judge found Mr Barr had not established less favourable treatment because of his sexual orientation and also dismissed the claim that easyJet failed to supply written reasons for the firing.
