Staff Travel Concessions

by Ajay Malhan

Staff Travel Concessions

by Ajay Malhan
Ajay Malhan
Case Owner
I am Ajay Malhan, a former BA employee. I'm filing a lawsuit against them. I aim to obtain a court ruling that the staff travel concession is a contractual benefit and not a discretionary benefit.
Closed
on 30th September 2021
£650
pledged of £30,000 target from 21 pledges
Ajay Malhan
Case Owner
I am Ajay Malhan, a former BA employee. I'm filing a lawsuit against them. I aim to obtain a court ruling that the staff travel concession is a contractual benefit and not a discretionary benefit.

Hi, calling all former and current British Airways (BA) Cabin Crew members and employees, and all UK airline employees!

As we are all aware, staff travel concessions are a valuable asset which we have worked for, spending a significant time away from our family and friends. For decades, as airline employees, it is a given, nationally and internationally, that we receive concessional travel when taking up employment with any airline. BA claims it is a discretionary benefit and not contractual. We consider concessional travel as part of our reward package and contractual entitlement. To have them just taken away from you on a whim is the equivalent of not paying your salary if you are still employed or taking away your accrued pension rights if your employment has been terminated. Travel concessions are of great value to us monetary and otherwise. The monetary value of this to us could be worth around £20,000 per year but for me and perhaps for most of my fellow crew members the value of staff travel benefit is much more than its actual monetary value to us, while for BA the cost of providing such benefit will be a non-cost item. Losing our travel benefit has significant impact. In my case it has had significant impact on my health, and I would like to fight for our right to staff travel. As the legal costs for taking on such a big fight is significant, I cannot do this on my own. I am reaching out to all of you to seek your support for our cause. If the matter was to proceed to the Court and a judge concluded that staff travel is a contractual benefit, then this would have an impact not only on me but across the board. If you were to support our claim by making a relatively small contribution towards our cause then it could mean that all our rights could be protected too.

Establishing staff travel concessions as a contractual right would mean that BA cannot use their discretion to take away rights at their whim, which I understand is actively practised against any past or present employees who dare to voice their opinion about their employment. BA by stating these benefits/concessions is discretionary, have been able to use to it to their advantage as a deterrent or an incentive, whichever suits their circumstances.

My name is Ajay Malhan, and I am a former cabin crew member of BA who had a long-standing service with BA. I was given an early ill health retirement by BA in 2009. At the time I was given early ill health retirement, I was shown staff travel policy for staff retiring early on ill health grounds. This policy confirmed that I would receive staff travel concessions up to what would have been my normal retirement age, which is some time away. However, last year, in 2020, BA removed my staff travel concessions without much prior notice. I raised my concerns with BA in relation to them ending my staff travel prematurely. I requested BA to reinstate this benefit as this was very important for me because the travel benefit gave me the opportunity to manage my lifelong health condition which requires me to travel abroad for treatment. Despite my requests to reinstate my travel benefit on contractual and humanitarian grounds BA have declined to do so stating that I had exhausted my entitlement and that in any event it was a discretionary benefit and that they could change any of the terms concerning these benefits.

Fortunately, for me having a wide circle of people in varied profession, including legal professionals who have had experience of dealing with BA, I have given indications that the staff travel benefit is likely to be a contractual benefit based on the legal concept of “custom and practice”. For about one year of dialogue with BA via my legal team, I have argued this point with no satisfactory response and, therefore, have given legal notice to BA via my Solicitors to proceed to civil court to argue that staff travel concessions is a contractual right and not a discretionary benefit to prevent them from taking away any employees’ concessions whenever they feel doing so.

No former or current cabin crew member or employee should fear that their travel concessions would be removed from them randomly. I cannot guarantee but I am confident that my legal claim would be successful and that this benefit would become a contractual entitlement with BA not being able to rely on this as a discretionary benefit. Furthermore, any cabin crew member or employee of BA who had their travel concessions removed unfairly and unreasonably may be able to get this reinstated.

I will be commencing civil litigation against BA by submitting a claim to the court via my solicitors and I humbly request all former and current cabin crew members and employees of BA and any other airlines who wish to support me and join me in pursuing this breach of contract claim against BA. I am seeking your moral and financial support to take such herculean task of taking on a giant like BA. In terms of financial support, I need to raise significant sums to cover legal costs and it is up to you whether you wish to make contributions for our cause. While the sum that you contribute is for you to decide and any amounts small or big will be received gratefully, I would suggest that a donation of £100 or more will assist me in reaching the estimated target for legal fees soon which in turn would allow me to take legal action sooner rather than later. I am seeking your support to ensure that we achieve this once and for all for every BA employee who each contributed to the company’s success in exchange for this benefit.

I believe that a one-off contribution of £100 or more would be enough to fund County Court action for all past and present staff to have staff travel recognised and enforced as a contractual benefit which should not be taken away from us. This is a relatively small price to pay for perhaps a landmark case which may have staff travel reinstated for many past and present BA employees. Our goal at present is to raise £30,000 to pay for the Lawyers and Barristers who are willing to help me fight for a cause that impacts so many of us.

We, all former and current cabin crew members and employees of BA, and all airline staff, have to stand up as one against all institutional aviation services and establish that travel concessions is our legal entitlement for the time we have worked for the airline.

I would like to thank everyone in advance for their donations and for those who make contributions, I, through my solicitors, will provide regular updates by email, so those who have contributed are aware of the progression of my case. If you and your family want to protect this right, now and in the future, please support this action, you deserve it!

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