Pilot loses £110,000 whistleblowing Employment Tribunal claim | Redmans Solicitors

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

MoJA pilot has lost his claim in the Employment Tribunal after it was found that he had been dismissed because of his conduct, and not because he had made a protected disclosure (also known as “whistleblowing”) to his employer.

Captain Graham Howard, 63, worked for Blink Limited as a pilot, and then chief training captain and chief pilot, until he was dismissed last year for complaining to a friend at the Civil Aviation Authority about the actions of another pilot at Blink Limited, Captain Paul Horrocks.

Although the normal procedure in making a protected disclosure  is to inform your employer directly of any unlawful or illegal conduct (unless there are exceptional circumstances, Captain Howard informed Frank Zubier, an official at the Civil Aviation Authority, that Captain Horrocks was flying erratically and that he had potentially committed a criminal offence by flying a damaged plane without first obtaining clearance.

After making the disclosure to the Civil Aviation Authority, Captain Howard was subsequently disciplined and dismissed for the manner in which he had made the protected disclosure, with officials at Blink Limited stating that he should have made an internal report of his complaint first, and not try and enlist Mr Zubier in getting Captain Horrocks dismissed.

After being dismissed, Captain Howard brought an Employment Tribunal claim against Blink Limited, claiming that his dismissal had been automatically unfair as he alleged that he had been dismissed because he had made the protected disclosure to the Civil Aviation Authority.

Captain Howards’ Employment Tribunal hearing went ahead earlier this year, with Captain Howard and Cameron Ogden (the managing director and co-founder of Blink Limited) giving evidence, among other people. Captain Horrocks claimed in his evidence that he had made a protected disclosure to the Civil Aviation Authority and that he had been dismissed by Mr Ogden at Blink Limited because of this. However, Mr Ogden stated in his evidence in defending the claim that he had been concerned about Captain Howard’ erratic attendance at the company, that Captain Howard had refused to retrain Captain Horrocks after concerns had been raised, and that he had also been concerned that Captain Howard had been drinking alcohol on company premises.

The Employment Tribunal ruled in Blink Limited’s favour in the claim, rejecting Captain Howard’s claim for £110,000 in compensation as a result of his dismissal.

Captain Howard stated after judgment had been given that he found the ruling to be “perverse” and that he would be discussing the matter with his legal team. However, he stated that he would not be appealing the decision.

 

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.59 Average

17 Reviews

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 2 weeks ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 3 weeks ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 3 weeks ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 3 weeks ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 3 weeks ago

Anonymous

Excellent work delivered with great quality

Posted 3 weeks ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 3 weeks ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 3 weeks ago

Anonymous

Resolved my issues

Posted 3 weeks ago

Keith

Quick fast professional service.

Posted 3 weeks ago

Michael

"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 3 weeks ago

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 3 weeks ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 3 weeks ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 4 weeks ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 4 weeks ago