easyJet Airline Company Ltd

1 THE EMPLOYMENT TRIBUNAL SITTING AT: LONDON SOUTH by CVP BEFORE: EMPLOYMENT JUDGE MORTON Sitting alone BETWEEN: Mr N Azarkevich Claimant AND easyJet Airline Company Limited Respondent ON: 2 and 3 February 2026 Appearances: For the Claimant: In person For the Respondent: Mr R Wayman, Counsel Judgment 1. The claimant was fairly dismissed by the respondent for a reason falling with s 98(1)(b) Employment Rights Act 1996. 2. The claimant’s claim of unfair dismissal does not succeed and is dismissed. Reasons Introduction 1. The Respondent is a very high profile short-haul airline that operates out of 28 base locations across Europe. The claimant was employed by the respondent 2 from 26 March 2018, latterly as a First Officer (Pilot). He began his employment in Berlin, and was then transferred to the base at London Gatwick from 11 February 2019, where he worked until his dismissal on 15 October 2024. The decision to dismiss was taken after the claimant had been charged by the police with rape and sexual assault and was awaiting trial. On 16 June 2025 the claimant was acquitted of the charges after the Crown Prosecution Service decided to discontinue the proceedings. 2. The claimant contacted ACAS on 16 October 2024 and the early conciliation certificate was issued on 21 October 2024. The claimant submitted a claim for unfair dismissal to the Tribunal on 27 December 2024 and it is not in dispute that the claim was brought in time. 3. The respondent defended the claim and asserted that the claimant was dismissed for some other substantial reason or misconduct under s 98 Employment Rights Act 1996 (“ERA”). Its principal grounds for resisting the claim were set out on paragraph 16 (a) and (b) of its grounds of resistance and wer...