13 NOV 2018: Now this is a tricky one – a Flybe pilot in the UK was fired after developing a fear of flying and he subsequently sued the company claiming unfair dismissal. He has won his claim and could now return to work.

After nearly a decade of ‘good service’ to Flybe, First officer Matthew Guest developed anxiety over flying and was eventually dismissed.

An employment judge ruled he should have been offered alternative roles or at least an opportunity to discuss his case with Flybe’s group chief operating officer.

He could now get his old job back based at Birmingham West Midlands Airport – the questions have to be – does he want it? Does anyone want him to have it?.

Guest’s problems began in December 2014, after he began flying Flybe’s Embraer jets, based at Birmingham.

They started with ‘an unsettling experience’ halfway through a flight to Florence when he suddenly felt sick and dizzy, then later that month had a feeling of ‘impending doom’ as he drove to the airport. Two months later, he said he did not feel well enough to fly.

His medical certificate, judging him fit to fly, was temporarily suspended and he underwent cognitive behavioural therapy (CBT). But his symptoms gradually returned, leading to a second period of absence. When he came back to work in April 2016, he again struggled with panic attacks and he was dismissed in March 2017.

In a letter, group chief operating officer Luke Farajallah told him, “The Company remains concerned regarding your fitness to safely fly. Due to the uncertainty of your condition we cannot as an organisation accept the risk to safety.

‘We are not prepared to take the risk of returning you as a Pilot on the EJet or Dash 8, so we are providing you with formal notice that we intend to terminate your employment on capability grounds.’

The tribunal hearing heard Guest was offered a ground-based role as Flight Safety Support Officer at Flybe’s HQ in Exeter with hotel accommodation paid for, but was he told there would be no possibility of returning to flying if he accepted it.”

The judge said the complainant had not been offered the chance to speak to Farajallah about options and that he could have returned to flying the Q400, which he had flown safely and without difficulty for years, or been allowed to fly for a time with a supernumerary pilot.

Upholding his claim, the Judge said that had Flybe followed the correct procedure there was a two-thirds chance they would have sacked him fairly.

Guest is seeking reinstatement.

Unless the parties are able to resolve this, the matter will be decided by a remedy hearing later this month.