Mr M Radcliffe v CHC Scotia Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4105373/2023, 4107204/2023 & 8001173/2025 Held in Aberdeen on 19, 20, 23, 24 & 25 June, 13, 14, 15 & 16 October 2025 & Tribunal Meetings on 17 October and 21 November 2025 and 6 January 2026 Employment Judge N M Hosie Members J Lindsay J McCaig Mr Mark Radcliffe Claimant Represented by Mr K Gibson, Counsel Instructed by Ms I Campbell, Solicitor CHC Scot...

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The unanimous Judgment of the Tribunal is that:- 1. the claimant was unfairly dismissed, in terms of s.s.94 and 98 of the Employment Rights Act 1996 (“the 1996 Act”); 2. the claimant was subjected to detriments, by reason of making protected disclosures, in terms of s.47B of the 1996 Act; and 3. the claimant was automatically unfairly dismissed, by reason of ...

REASONS

1. The claimant, Mark Radcliffe, brought complaints of “ordinary” unfair dismissal; automatic unfair dismissal and detriments by reason of making protected disclosures. In the alternative, he claimed he was constructively and unfairly dismissed and that this was also automatically unfair by reason of making protected disclosures. His claim was denied in its entirety by the respondent Company (“...

2. Mr Radcliffe’s primary position was that he was dismissed from his contract of employment on 31 August 2023 when he was given a first written warning and demoted because he had made a video recording on his mobile phone during a flight. However, CHC denied that he was dismissed by reason of his demotion.