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Daily Mirror
Daily Mirror
Business
Nick Irving & Emma Munbodh

Virgin pilot fired over claims he took '40 winks' during flight wins £90,000 payout

A Virgin Atlantic pilot who was sacked over 'unfounded rumours' he took '40 winks' during a long haul flight when his co-pilots were sick, has won £90,000 compensation.

Captain Mike Lawson said the rumours circulated and saw the company turn against him and he was unfairly dismissed.

The 50 year old had claimed £1.7 million in compensation from the airline which he claimed took action against him following a flight from London to Hong Kong in 2015.

An employment tribunal in Croydon heard Capt Lawson started his long haul career on its Airbus 340 fleet having joined Virgin Atlantic in 1998.

None of the allegations were ever mentioned to the Virgin Atlantic employee (Getty Images)

The tribunal panel heard that Capt Lawson was accused of reckless behaviour but he denied this and said had that happened he would have faced disciplinary action.

The tribunal judge Brian Doyle said:"These alleged events were never mentioned to him. They are undocumented and unrecorded.

"The tribunal agrees with the claimant that it is heard to believe that a high profile airline would allow a pilot to be reckless to fly its customers and aeroplanes for 17 years, let alone as a Captain."

He said the airline took events of the early 2000s into account in some way in its decision making to dismiss him in 2017, without giving him the chance to respond to those historic allegations.

The tribunal heard that during 17 years Capt Lawson passed every one of more than 50 simulator and line flying tests.

The panel said at the heart of this claim was the so-called Hong Kong incident in September 2015 when two co-pilots had upset stomachs after recent trips to Delhi - but were fit to operate.

Lawson alleged that his dismissal was linked to a London to Hong Kong flight in 2015 (AFP/Getty Images)

Capt Lawson had flown the 11 hour route many times, at least once a month, and was familiar with it.

On long haul flights like this the three pilots take it in turns to have periods of rest away from the flight deck - with two pilots usually remaining on the deck.

Three hours into the flight one co-pilot with 'Delhi belly' went to the toilet and briefly fainted while returning to the flight deck and he asked to take a rest.

After 4.5 hours into the flight the other co-pilot needed the toilet but did not quite make it in time and crew found him a seat next to the toilet so he could manage his symptoms.

The plane was over central Russia and Capt Lawson said to land at a remote Russian airfield would only be attempted in an absolute emergency - and he decided the safest course would be for him to continue in charge alone to Hong Kong where they had an uneventful landing.

The tribunal heard that 'negative rumours about the flight' began, saying the 'flight was one big f*** up' and that Capt Lawson will 'probably get the sack'.

Capt Lawson said the airline's failure to publish a report into the incident meant he could not defend himself against the rumours.

He was sacked in May 2017 with Virgin citing his failure to pass two flight simulator tests in 2016 as the reason.

The tribunal said:"Such rumours were untrue but nevertheless his colleagues were reluctant to work with him."

Capt Lawson claimed unfair dismissal.

The tribunal ruled in his favour and awarded him a total of £89,000 compensation.

But the panel also said Capt Lawson, of Brighton, cannot be reinstated.

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