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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 “staring at your ass”, called female flight attendants “lovely ladies” over the tannoy and made reference to his “more attractive colleagues”, according to the tribunal’s judgment.
A complaint was made about Mr Barr’s 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 “sexual or disrespectful comments to passengers, including homophobic and transphobic comments in her presence” after which it was decided he should receive counselling and advice.
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A customer complained about Mr Barr’s conduct during a flight in July last year, alleging he told a female member of the cabin crew: “I’m not doing anything, I’m just staring at your ass” when walking down the aisle behind her.
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During a meeting with the Edinburgh base manager, Mr Barr said he could not remember the incident, adding: “Without knowing who this was I don’t know what context this would be.
“With 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.
“I have been wracking my brain and cannot think of anything. I do remember someone bent over and I said ‘oh I am not looking at your bum’ but cannot remember when this was.”
The crew member confirmed in interview that Mr Barr had made the comments but said it did not offend her, calling it “banter” and an “off the cuff comment” that she did not feel was directed at her.
The same passenger also alleged Mr Barr “had behaved in a consistently misogynistic and inappropriate manner” since they boarded the plane, including calling female flight attendants “lovely ladies” over the tannoy and making reference to his “more attractive colleagues”.
Mr Barr admitted calling female crew members “lovely ladies” but said he called male crew “lovely gentlemen” as well, and explained that the reference to his “more attractive colleagues” 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: “The entire shift pretty much he was talking about sex or making jokes about it.
“He explained that he had been suspended before due to a speak up speak out (complaint) that someone previously put in against him because ‘all I said was that her tits would get bigger if she got pregnant, and guess what they did’.”
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: “Having a problem trying to stuff it in? Bet you’ve never had that problem.”
In an interview about these allegations, Mr Barr did not accept that his comments were sexual in nature and, regarding the seatbelt comment, said: “I can hear me saying ‘just stuff it in’, I don’t know… I really don’t remember.”
Another crew member on the flight said she could not remember anyone making sexual comments.
It was decided at a disciplinary meeting that Mr Barr’s 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 “no substance” to Mr Barr’s concerns about the reasonableness of the investigation into his conduct and that the decision to dismiss him was based on a “genuine belief” that he had committed the alleged misconduct.
“In 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,” the judge continued.
“He claimed that he replicated his style of public announcements, but that his comparator had not been reprimanded. However, this misses the point entirely.
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“The 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.”
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.