News Article

Mr N Francis-McGann was employed as a Captain Pilot by West Atlantic. When it was discovered by the employer that a false reference had been provided by him on the application form, citing a Referee as ‘Desilijic Tiure’, the employee was offered the opportunity to resign on 30th June 2017, which he accepted. 

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However, he then pursued a claim for 3 months’ notice pay and contractual notice entitlement. The employer, West Atlantic, then submitted a counter claim to recover their training costs. The recovery of training costs upon early termination of employment was a clause which had been signed by the employee, and the tribunal awarded West Atlantic £4,725.00. 

It was held that West Atlantic was within its rights to dismiss and regard the employee’s actions as gross misconduct. It was deemed that any potential incidents could have been catastrophic, and any subsequent enquiries would have discovered he was inadequately trained. 

Employers are reminded about the importance of checking references 

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