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Pilot loses 'racist culture' case against BA

Allegations over offensive cockpit banter led to employment tribunal

By Andy McSmith

British Airways won the legal battle with Captain Doug Maughan over alleged racism amongst some pilots working for the airline

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British Airways won the legal battle with Captain Doug Maughan over alleged racism amongst some pilots working for the airline

A British Airways pilot who blew the whistle on what he called a "canteen culture of racism" among fellow pilots is facing a £4,400 legal bill after losing a battle with the airline at an employment tribunal. Captain Doug Maughan claims he has been continuously victimised by BA since he spoke to The Independent about the casual racism of older pilots working for the company that calls itself "the world's favourite airline".

Captain Maughan, whose wife is Asian, objected to hearing the words "coon" and "ragheads" used in conversation in the cockpit. He had complained to BA's management but, because they did nothing about his concerns, he turned to The Independent. He told the newspaper that older BA pilots casually used racist language in private. His allegations were particularly embarrassing for an airline that operates on every continent.

Captain Maughan, who has 29 years' flying experience, suggested that, because 99 per cent of BA pilots are white and most spend their whole working lives with the company, there was an attitude among older pilots in particular that racist remarks were acceptable.

He lodged his first complaint after hearing a senior pilot say "coon" during a training session on a flight simulator. He also complained that during a flight to Los Angeles, when there was a large party of Saudis on board, the pilot began "an extraordinary rant" in the cockpit about "ragheads".

After the article was published, in April 2008, Captain Maughan said that he was threatened over the telephone by someone who claimed to know where he lived. He said he believed it must have been a fellow pilot, because only someone with access to the pilots' duty roster could have traced him to Singapore, where he was staying overnight. He alleges that when he reported this incident, verbally, to BA, they did not take it seriously. Since then, his relationship with his employer has deteriorated and he has been issued with a final written warning. BA has not yet disclosed publicly the substance of their complaint against the pilot. He claims the warning is part of a campaign of victimisation.

He went to tribunal, representing himself, alleging victimisation under the Race Relations Act but was defeated on a legal technicality yesterday and ordered to pay £4,400 towards BA's legal fees.

He told the tribunal: "There was continuous victimisation, a number of episodes over a period of time, which became more intense after the article in The Independent. I had complained a number of times about the canteen culture of racism in BA."

The judge, Mr David Cockburn, ruled that the tribunal had no discretion to hear Captain Maughan's complaint under the Race Relations Act after he had "candidly" accepted that he had not put his complaints to BA in writing. He also accepted BA's argument that it was "unreasonable" to have brought a case to a tribunal that was not based on a written grievance, and awarded them costs.

But he also ordered a two-day hearing in June so Captain Maughan can appeal against the final written warning from BA. He is expected to fight that by representing himself again, after Balpa, the pilots' union, rejected his plea for legal assistance. BA said Captain Maughan had a duty to provide details of any racist conduct directly to the airline.

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Racist
[info]repton4 wrote:
Wednesday, 18 March 2009 at 01:14 am (UTC)
Some one always plays the racist card because it is used to.

1 silence critics

2 Intimidate opponents

3 Resist prosecution

4 Aid compensation

BA racisism
[info]ash1168 wrote:
Wednesday, 18 March 2009 at 01:50 am (UTC)
Or 5. It is blatantly racist.

BA is an incredibly conservative, cronyist organization who pride themselves on crap service & expensive prices; they will close ranks when anyone upsets the apple cart. They don't realise yet, but their days are numbered, just like the fat cat bankers who we've tolerated for so long. A service company should realise what it is - a service company. The equipment they use is a standard, generic product. Budget airlines are showing the way the future, like Ryan Air, delivering real value for money. If maintaining a culture of crapness requires a certain level; of bigotry, then BA have exactly the right "personality profile" for the proliferation of racist comments.
Bravo for Captain Maughan's courage
[info]remy_germain wrote:
Wednesday, 18 March 2009 at 02:45 am (UTC)
"a long habit of not thinking a thing wrong gives it a superficial appearance of being right.'
We are all racists
[info]colincarr99 wrote:
Wednesday, 18 March 2009 at 02:46 am (UTC)
We don't admit it in public of course, but deep down inside we all think "our" race is superior to all the others. So while Capt Maugham holds the moral high ground, in an imperfect world, he was always on a loser with this case because he was trying to fight human nature.
[info]andre_t wrote:
Wednesday, 18 March 2009 at 06:06 am (UTC)
Have a BA Gold Card and will let the company know such language is unacceptable. Bravo to Captain Maughan, casual racism is on the rise again and it seems never left with some
I wonder which ..
[info]tommytcg wrote:
Wednesday, 18 March 2009 at 06:26 am (UTC)
words Pakistani pilots use in the cockpit when referring to Whitey. Pommy, Limey, redneck, Brits.
Re: I wonder which ..
[info]bremen_brit wrote:
Wednesday, 18 March 2009 at 08:18 am (UTC)
tommytcg what is your point? Pommy, Limey and Brits are words commonly used by Whites on regular basis to describe on another. They are not racist. However, words like coon and ragheads are not used by non Whites to describe one another and are not acceptable.
Re: I wonder which ..
[info]d_subversiv wrote:
Wednesday, 18 March 2009 at 08:41 am (UTC)
Eh?

What about the word Nigger?

That is used commonly by black kids - and all the rest.

Whats the phrase, sticks and stones.. Grow up you lot.
Re: I wonder which ..
[info]fifi_p wrote:
Wednesday, 18 March 2009 at 04:00 pm (UTC)
Is "racist" your middle name? Why would you choose "pakistani" pilots? Why not "afro-caribbean" or "east-european" or "asian"? With people like you in our sociery, anti-racism efforts dont stand a chance!
Re: I wonder which ..
[info]tommytcg wrote:
Wednesday, 18 March 2009 at 04:20 pm (UTC)
Paki, a simple abbreviation of Pakistani, seems to be a racist term, and I didnt use that. (is mentioning this point a race hate crime)? I referred politely to a Pakistani as an example. How is that racist? We attempt politeness, yet with your over-sensitivity, do you wonder why we dont like you one single bit. Having said that, is that statement race hate? No its race dislike, and that is not yet categorised, so we are still allowed to dis-like you. I assume that you live amongst the British, and you now tell them how to refer to you in private conversation. I wonder if I lived, as an example, in a country such as Pakistan, would I be telling the locals how I should be addressed or spoken about? I doubt it. And, BTW, dont you dare call us Brits, Limeys, or Pomms, as those are derogatory terms referring to the British race, and that makes it punishable race hate. It works both ways, you see,
Re: I wonder which ..
[info]archaicy wrote:
Wednesday, 18 March 2009 at 11:16 pm (UTC)
You brought up Pakistanis in this discussion although she was not the part of discussion. Easy targets, eh? On the hand you wouldn't dare warning people who originally coined the derogatory terms Limey and Brits during WWII but you did issued one to that 3rd poster who didn't even use those terms.
I noticed you didn't rise to the two other posts.
Did you wanted to be praised for not using the term Paki in your first post when you managed to use it after all. This is a well known derogatory term in use since 70's for Pakistanis in UK.
British Colonials too have openly used many derogatory terms ( besides other affectionate methods) for the natives during their occupation of Asia but I guess all this doesn't count as 'living with locals'. Like 'race-dis-like' is not Racism. No Asian wonder about the dislike that a faction of Britons display towards all of them. Subtle though but there exists a subconscious color racism in UK, mate.


Re: I wonder which ..
[info]tommytcg wrote:
Thursday, 19 March 2009 at 08:54 am (UTC)
You are implying that I am an anti-colored/Muslim racist for using Pakistani as an exmple. That only so because raghead was mentioned by the BA pilot. Yes I know the Sikhs come from the Punjab, in India, but Pakistanis also wear turbans. I only dislike you now, because you whine ..racist, when I make a light hearted example. When I lived in Africa many years ago, some very close friends were Sikhs, at whose home I lunched many Sundays, and taught many of the family how to fly light planes. No, it is not a matter of color. For instatnce I also dislike a race of whites, the Israelis, and their supporting worldwide Jewry. This emotion, again, I am legally entitled to feel. I intensely dislike them for their lack of empathy, maybe something in their mindset. They use the alleged, sympathy-getting holocast, to murder, steal from, falsely imprison, torture, starve of food, medicine, sanitation and housing.. the Palestinians. This they will immediately term anti-semitism, (an empty taunt, as the original Semites were the Pals, (may I call them that, its an abbr. not derogatory). This mindset repeats with others of their race such as Madoff in USA, and Fritzl in Austria.
BA Pilot
[info]grahamhowells wrote:
Wednesday, 18 March 2009 at 09:26 am (UTC)
"he reported this incident, verbally" - it's dfficult to see how he could have reported it other than verbally. I presume you mean "orally". Bear this in mind when next you publich an article on the decline in educational standards.
BA Racism
[info]daft_eejit wrote:
Wednesday, 18 March 2009 at 09:28 am (UTC)
I have flown for British Airways for almost precisely the same time as DM.
We have been on the same aircraft types for over half the 20 years. We have shared crewrooms, flight decks, airports, restaurants and bars.
Would someone please explain to me why I have never, ever heard anyone on or from a BA flightdeck call anyone else a coon or a nigger?
The only objectionable comments I hear on flightdecks are generally anti-Scottish. I don't perceive this as endemic or worth complaining about, just the usual uninformed ramblings of the English home counties, who don't seem to grasp how out of touch they are with the rest of the UK, and what a privileged economic position they hold and have held since time immemorial.
Re: BA Racism
[info]arclight99 wrote:
Wednesday, 18 March 2009 at 01:44 pm (UTC)
Find the first half of your response interesting, but reference the second half, before we are swamped with another round of Scottish martyrdom you might like to ask a few English people what it's like to travel north of the border, what kind of reception they get?
Personally as an Englishman I find that no matter how much I smile I always get a few comments and looks, and me a third generation McKenzie!

You may recall that only last month an 18 year old was beaten at a bus stop in Scotland by two men! Yes two men! Her crime? Being overheard speaking with a slight,
- ever so slight - English accent underneath her Scottish one. She was of English origin but her family moved to Scotland when she was three. If you know of a comparable incident happening to a person of Scottish ancestry living in England, please let us know, otherwise give it a rest.

Sack this time waster!
[info]arclight99 wrote:
Wednesday, 18 March 2009 at 09:38 am (UTC)
Think of the all the decent people out there who are unemployed and just want to do an decent days work for an decent day's pay. Then think of Doug Maughan, a highly paid jobs for life kinda guy, so bored with his comfortable lifestyle that he can think of nothing better to do than stir the pot and make a quick buck at his employer's expense.

I have some advice for BA.., sack this waste of space of a man and employ a pilot who simply wants to fly!
Racism
[info]gregory8 wrote:
Wednesday, 18 March 2009 at 09:44 am (UTC)
Ash1168 clearly has an axe to grind. BA has a strong policy of equal opportunity and diversity and does not tolerate discrimination of any kind, be it racial, sexual or religious.

If he really believes that RyanAir is the way forward then I suggest he does a little more research and a little less ranting.
A shamed of BA
[info]scrumbow wrote:
Wednesday, 18 March 2009 at 10:58 am (UTC)
This kind of "closet" racism happens all the time behind "closed" doors in every company you can think of, its much worse in the City and in smaller firms.

The fact BA has been "outed" isn't a surprise but I'm still very ashamed of BA, BA was owned by the UK taxpayer and has a world wide reputation of being a great airline.

It was also the same the firm who flew the worlds best and fastest Airplane.......... Concorde and under BA Concorde still has a 110% safety record and she was flown safely for 27 years of long and profitable service, so it proves BA are very skilled at their jobs but their "closet" racism needs to be stopped.

Captain Maughan should have been given 100% support by BALPA and BA management as these racist words are extremely offensive and not acceptable, but he hasn't.

To be fair to BA Captain Maughan should have followed procedure, put the racist stuff with dates, times, location and people who said it all down on paper and then followed the chain of command, Because he didn't he lost a valid case on some stupid but important "red tape".

He's worked for almost 30 years for BA and reached rank of Captain this shows he's good at his job, the fact he's getting written warnings now shows he is being unfairly picked on.

Overall BA's CEO and Chairman should both hold their heads in shame at whats happened to Concorde (her grounding) and to Captain Maughan.

With Captain Maughan both sides need to sort this mess out so every one feels eqaully and fairly treated.
Re: A shamed of BA
[info]42ongo wrote:
Sunday, 22 March 2009 at 10:58 pm (UTC)
I work in the airline industry also

I can confirm there is deliberate and accidental racism going on day in day out in the airline industry
and I work for a foreign carrier

One of the reasons why its not dealt with is there is no one size fits all solution

There is a lack of guidance and knowledge in the various HR departments for example what would be considered as highly racist in the local environment may not "cut any ice" with the folks in the Headquarters

But fair play to the Captain for highlighting this issue I for one will be bringing this article to the attention of our HR and asking if we can learn any lessons from this and are asking are we actually giving our staff enough information




Re: A shamed of BA
[info]scrumbow wrote:
Monday, 23 March 2009 at 10:29 am (UTC)
42ongo

I'm shocked to hear your employers views.

No matter where you go in the world racism is racism.

Just because your employer's home land doesn't recognise it in the same way we or USA recognise it doesn't make it any less worse.

Racism needs to be stamped out as in mordern society there is no place for it.

In the UK its a well known government fact there are more none whites out of work than whites, this is down to closet racism in the work place.

You should not stop some one getting a job because they are not a carbon copy of you.
What's in a name?
[info]ptstroud wrote:
Wednesday, 18 March 2009 at 11:00 am (UTC)
Here we go again taking offence over a couple of words. I did national service over fifty years ago and during basic training we were all called nignogs by the drill pigs when we put a foot wrong on the parade ground regardless of race or colour.
A different slant
[info]vladd67 wrote:
Wednesday, 18 March 2009 at 01:46 pm (UTC)
Other papers have reported this and mention something the Independent didn't. It would appear that his troubles started after writing a letter to the BA staff magazine defending Labours economic record. It was after this that he began to get 'racist' emails and letters from a fellow pilot he had never met. It would apppear he only went running to a tribunal claiming he had suffered racist abuse after a letter saying that Scotland was a welfare state paid for by the English middle class and that the sooner all Jocks f. off back there the better.He also complained about being called Jock. Seems to me a man approaching his pension who has his eyes on a massive racism compensation claim payout.
[info]rjd8 wrote:
Wednesday, 18 March 2009 at 02:26 pm (UTC)
Last I checked BA did not have a monopoly on the airways. If I can help it, I won't be flying with them until this is sorted.
That's fair then.
[info]ropey wrote:
Wednesday, 18 March 2009 at 08:02 pm (UTC)
Why don't we all punish BA over these unsubstantiated accusations. That's the way to make society better! Let's start up a few lynch mobs while we're at it.
Re: That's fair then.
[info]rjd8 wrote:
Thursday, 19 March 2009 at 10:05 am (UTC)
1) The Independent wouldn't have gone with this story if their own investigative journalists didn't think there was a case to be answered.
2)I doubt if a trained pilot with years of experience AND without sufficient funds to hire a lawyer would risk his livelihood by making up stories that he knew would jeopardise his career.
3)The tribunal ruled against him on a technicality - he failed to make his complaint in writing.

The weight of these 3 things combined have led me to believe that the charges are not necessarily unsubstantiated but rather are not being dealt with properly. That's why I said, I want BA to deal with this properly and to have the complaints heard and ruled on fairly. Until then I suspect a cover-up of some sort and won't fly with them.
Re: That's fair then.
[info]rjd8 wrote:
Thursday, 19 March 2009 at 10:16 am (UTC)
And how did you make a leap from my intention to boycot to lynch mobs? Hardly rational wouldn't you say?
British Airways racist- no surprises
[info]nixcails wrote:
Wednesday, 18 March 2009 at 10:04 pm (UTC)
This is an airline crewed by white people from Surrey and East Berkshire and attracts Daily Mail readers and only flies to ex colonial places and thinks regional airport or just for what they call thicko northern thugs, jocks micks and taffs...
BA in the travel trade stands for Bloody Awful. and in rapidly becoming a Conservative Party "Air London" with brain dead attitudes to match. Their treatment of people with disabilities makes Ryanair look good.
close this airline by flying other airlines that know how to look after people from all walks of life not just the brain dead white wealthy elite, many of whom got rich through banking scams and defrauding joe public
Re: British Airways racist- no surprises
[info]brutishairways wrote:
Saturday, 13 June 2009 at 05:53 pm (UTC)
Mr Maughan is back in the courts this week. I personally hope that the tribunal does see that Justice is done. From the information i can gather he was most certainly victimised by the airline.

As for those other people stating their intention to boycott Brutish Airways, looks like it's been having effect. Business travel down 18% and BA citing the real prospect of going under.

I say, 'the sooner the better'.

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