Shropshire pilot wins Thomas Cook payout after sacking threat over refusal to fly while exhausted

Captain Mike Simkins, from Ellesmere, won undisclosed compensation after he was suspended for six months before being allowed to return with a two-year final formal warning.

He was put on a "demanding" schedule that culminated in a 12 and a half hour shift covering a three-legged flight to the Mediterranean and back. Before this he had a series of 'early starts'.

The pilot, who had flown with the airline for 16 years, said he was unfit to fly a Boeing 767 with more than 200 passengers the next day but was accused of gross misconduct.

Mr Simkins said that in 16 years with the company, he had never previously refused a flight due to fatigue.

The employment tribunal found unanimously in Mr Simkins' favour.

A spokesman for Thomas Cook Airlines said: "Safety is our highest priority at Thomas Cook.

"We have robust processes to ensure all the legal limits on flying time are met and we'd like to be clear that at no point was Captain Simkins expected to fly while fatigued.

"However, there was a disagreement between him and his managers about his conduct which led to the tribunal proceedings.

"We have accepted the findings and apologised to him for the hurt and distress that was caused."

Dr Rob Hunter, head of flight safety at the British Airline Pilots' Association, said the case highlights a wider industry problem.

He said it was an "increasing problem", fuelled by competition between airlines which were coming under pressure to increase productivity to maximise financial returns.

Dr Hunter said: "There are better ways of defining how tired is too tired. And one of the aching faults of the regulation is that definition isn't there. So what effectively happens is airlines are left to themselves to decide what that looks like."

"Not only is it reasonable to refuse to fly when fatigued, it is absolutely necessary. In fact, the law states that a pilot must not operate when fatigued, or likely to become fatigued. Captain Simkins should have been praised by Thomas Cook for reporting his fatigued state as required by law, not disciplined.

"Fatigue is a major threat to flight safety and a good, open safety culture is vital in ensuring that pilots and other staff members feel able to report fatigued and not put lives at stake."

The employment tribunal hearing was held in Manchester in January and March, with judgment in the pilot's favour. The case was only finalised this week when compensation was set.