This is a preview. To continue reading, register for free access now. Register now or Log in

Dismissal: Pilot's demotion allowed under implied term

This report relates to 1 case(s)

  • expand disabled

    Vaid v Brintel Helicopters Ltd (t/a British International Helicopters) EAT/150/94 (0 other reports)

The demotion of a helicopter pilot from captain to co-pilot status was not a fundamental breach of contract, and the industrial tribunal had been right to reject the employee's complaint of unfair constructive dismissal, holds the EAT in Vaid v Brintel Helicopters Ltd (t/a British International Helicopters). The demotion had followed a potentially dangerous incident which reflected on the employee's conduct and competence, and although the employer's disciplinary procedures did not make specific provision for demotion, it was established custom and practice in the employer's organisation for pilots to be demoted where competence was at issue.