I have a hearing scheduled in
November in the discrimination case against Easyjet and I was thinking today
what would be the preferable approach to an examination of the allegation
of racism. It occurred to me that I should ask the question: did I, on
the prescribed ground, receive less favourable treatment than others? The
alternative has been to consider first whether I received less favourable
treatment than the appropriate comparator and secondly whether that was on the
relevant prescribed ground.
In the present case it is
alleged that Easyjet discriminates against me and against Afghan nationals.
The statutory comparison is with the treatment accorded by Easyjet to other
persons in the same circumstances, namely those who hold British and EU
citizenship[1]. I
considers that I am being penalised because of my nationality because
those with EU citizenship are not being penalised. Accordingly I contend
that I am receiving less favourable treatment.
How does easyjet treat a person
who holds EU citizenship to that of Afghan citizenship in the same
circumstances? Those who hold EU passport are treated by easyjet
favourably than I have been treated. EU citizen documents are checked at
the gate as demonstrated by video evidence of Annex 1[2]
and Annex 3[3]
to 5[4].
My documents are checked and identity is verified at the boarding gate as demonstrated
by video evidence of Annex 1 and Annex 3 to 5. Furthermore, this is quantified
by estimating average document verification time at the boarding gate per
passenger later.
The boarding Process for EU Citizens
1.
check in online or at the
airport
2.
proceed to boarding gate for
document check that takes on average 12 seconds
The Boarding process for me
1.
check in online or at the airport
2.
report at the easyjet counter
for document checks
3.
Report at the easyjet counter
for identity verification as seen in Annex 4 a process that takes around 10
minutes
4.
Further document verification
and scrutiny at the boarding gate as presented in Annex 5.
5.
Call the manager to report and
ask for instruction Annex1 annex 3 and annex 4
6.
Check the authenticity of my
document annex 1 at the beginning check photo and at the gate holding passport
to check watermarks and seek team opinion.
7.
Interrogation about my stay,
particularly duration, and personal life including family state.
Easyjet takes every opportunity to
question aggressively, violate privacy and instigate fear in Afghans. while the
process for EU citizens is thought out and simplified.
Easyjet has insisted through a
series of correspondence via UK CAA and the Dutch ILT that the treatment of me have
been just a random security check. This is contended on three grounds:
1.
By its own admission
easyjet carries out dozens of security checks everyday. For the sake of argument
we assume dozens mean 36. Easyjet carries 70 million passengers every year that
is over 191 thousand a day and the likelihood of being caught in a security
check is 0.018%. The only statistical chance of being caught in four random
checks in a row within a year is only feasible if the probability of checks are
100% but we know that checks like I describe is not taking place for every
passenger, everyday and every time they fly, otherwise that would bring civil
aviation to a stop.
2.
Easyjet deliberately
confuses “Random Security Check” required by regulator that encompasses
physical scrutiny[6]
with identity verification that has no legal basis. Easyjet is neither a law
enforcement agency nor border control it does not have the legal mandate to
carry out interrogations, I found this out through freedom of information
requests to Dutch and British governments. Airlines do not have the remit to
question passengers about their private life and family affairs as evidence by
Annex 1, it is a violation of privacy.
3.
Easyjet Staff on a number of
occasion have informed me that the questioning is part of procedure for
screening Afghan nationals which means that it is not random. This is Annex 3 timing 2:10 onward and Annex 1 timing 4:40 onward.
Estimating Average document verification time
at the boarding gate per passenger
To estimate how passengers who hold EU
passport are treated in comparison to how I I wish to examine how long it takes
to verify their documents.
1.
Gate closing time 30 minute
before the flight[7]
2.
Boarding usually begins around 45 minutes before
departure.[8]
3.
Conservative estimate
of passengers per easyjet plane 150[9]
4.
150 passenger
divided by 2 desks arriving at 75 passenger per desk and processed within 15
minutes is 12 seconds
5.
on Average it
takes 12 seconds to verify documents
6.
this seems
accurate and similar to processing time observed on three separate check in
occasions at the gates. All these three occasion are filmed and provided as
documentary evidence along with this document.
7.
To verify my
document took around 12 minutes on the flight before the one in question and on
occasions has taken up to two hours.
8.
It takes at
least 60[10] times
longer to verify my document while compared with a passenger who hold EU
documents.
9.
The time it
takes to process my document is important as within this minimum of 12 minutes
I am not treated with courtesy and coffee but abused and humiliated as evident
from annex 1 and annex 3 through to annex 5.
Therefore, I allege that Easyjet had
discriminated against me directly on grounds of race and nationality in
specific contrary to the Equal treatment act and Article 1 of the
constitution. Under the Equal treatment act the Burden of proof has
been placed on Easyjet as envision in Section
12 subsection 1. “If a person who
considers that he has been wronged through discrimination as referred to in
this Act establishes before a court facts from which it may be presumed that
discrimination has taken place, it shall be for the respondent to prove that
the action in question was not in breach of this Act.”
[1] Easyjet staff testimony in Annex 3 boarding denied timing 2:10
onward
and Annex 1 Easyjet flight London to
Amsterdam timing 4:40 onward
[6] see Annex 6 for details
[7] Please remember, the boarding gate closes at least 30
minutes before the scheduled departure time of your flight so make sure you
arrive at the airport in plenty of time.
Boarding
starts 45 minutes before the time of departure; you can expect to be boarded
into a pre-boarding room at certain departure gates.
[9]
some sources indicate that they are squeezing even more than 180 per plane
[10] (12x 60) /12 = 60
