Claimant v The Chief Constable of West Yorkshire Police

The tribunal concluded that the claimant did not make any of the three alleged protected disclosures. PD2 (concerns about Captain Barlow's appointment) was not raised at all. PD1 and PD3 (concerns about examiners Clark and Thomsett) did not identify any breach of legal obligation. The claimant did not believe at the time that any legal obligation had been breached, and even if he did, such belief was not objectively reasonable on a plain reading of the CAA Regulations.

The detriment complaints failed on time limit grounds. The tribunal found the last act in the series occurred by 31 October 2023, meaning the time limit expired on 30 January 2024. The claimant did not commence ACAS early conciliation until 1 March 2024. The tribunal found it was reasonably practicable for the claimant to present his complaints in time, as he was a union representative with access to legal advice from Unison and Thompsons solicitors during the capability proceedings.

The tribunal found the claimant was not dismissed for making protected disclosures (as no protected disclosures were made) or for trade union activities. The claimant did not raise concerns about Captain Barlow's appointment at JNCC meetings as alleged. The poor relationship with Captain Thomsett pre-dated the claimant's union role. The claimant did not pursue this allegation in cross-examination of the respondent's witnesses or in submissions.

The tribunal found the dismissal for lack of qualifications was fair. The reason was capability under s.98(2)(a) ERA 1996 — the claimant lacked the qualifications to perform his role because two of the only three internal examiners refused to test him and external alternatives were not reasonably practicable due to safety risks, cost, and NPAS's accountability to the CAA. The process was thorough, with multiple hearings, adjournments to explore alternatives, and opportunities for the claimant to apply for other roles. The decision fell within the range of reasonable responses given the high-risk nature of police aviation and NPAS's regulatory obligations.