A 31-year-old tech CEO lost his discrimination claim at an Edinburgh employment tribunal after secretly upgrading himself to first and business class flights on company funds. Ben Szutor, of Skylark Lasers, argued he had a “fear of flying” requiring premium seating, but the tribunal ruled he was authorised to travel business or first class and his claims were dismissed.
Rapid Rise And Flight Upgrades
Szutor joined Edinburgh’s Skylark Lasers in 2020 after graduating from Heriot-Watt University, advancing swiftly to CEO despite no prior experience. While the company operated at a loss, Szutor secretly booked premium flights to business destinations, including Japan and China, sparking board concerns.
Medical Claims Under Scrutiny
Szutor claimed a medical condition and severe “fear of flying” forced him to upgrade, citing migraines and panic attacks. The company requested medical evidence to approve business or first-class travel as a reasonable adjustment, which was later partially supported by an occupational health doctor.
Board Pushback And Policy Enforcement
Skylark’s board repeatedly stressed that company policy required economy travel while reliant on investor funds. Szutor accused the board of ignoring his medical needs, but was required to provide proof for continued premium seating privileges.
Tribunal Rejects Discrimination Claims
Judge Murdo MacLeod KC dismissed Szutor’s claims, noting he was permitted first or business class travel if he supplied medical documentation. The tribunal found no unfair dismissal or discriminatory treatment in the enforcement of travel policies.
Business Impact And Final Outcome
Despite Szutor’s argument that premium flights enabled securing vital sales, the tribunal found the company’s policy and actions justified. Szutor resigned before the hearing, citing stress from HR disputes related to his travel arrangements.
