ABSTRACT
As the Employment Appeal Tribunal said: ‘There are some occupations – such as the pilot of an aircraft – where the public safety is entrusted to a single individual. It is of the first importance that a person so engaged should be competent and capable. If it appears that he is no longer competent or capable, then the employer can very properly say: ‘I’m afraid we cannot entrust you with these serious duties any longer and we must dismiss you.’ It is not necessary that he should be given a further chance or further training or the like before he is dismissed. We have been referred to the Code of Practice on the proceedings in disciplinary matters, especially No 132 which says: ‘The procedure should be in writing and should ... give the employee the opportunity to state his case and the right to be accompanied by his employee representative.’ That may be desirable in many cases: but it should not be regarded as of universal application. Captain Taylor here was given at the inquiry full opportunity to hear what was said against him and to state his case. But, as I put in the course of the argument, suppose there had been no Board of Inquiry at all but the managing director of the company had called Captain Taylor in and said: ‘I was there on that aircraft that day with my wife and my child: and, in view of this heavy landing, I have lost confidence in your ability to continue flying on behalf of the company. Have you anything to say why you should no longer be employed by the company?’ Then having listened to what he has to say, he can say, ‘I’m afraid that there it is; we have no option; we have the safety of the public to consider; we must dismiss you.’ I should have thought that that was entirely reasonable and the dismissal could not be said to be unfair. It would not be necessary for any inquiry9 to be held as to whether the managing director was correct in his belief ... Whenever a man is dismissed for incapacity or incompetence it is sufficient that the employer honestly believes on reasonable grounds that the man is incapable or incompetent. It is not necessary for the employer to prove that he is in fact incapable or incompetent.
