E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105373/20235 Held at Aberdeen on September 2023 Employment Judge J M Hendry Mr M Radcliffe v Represented by Ms S Shiels,15 Solicitor CHC Scotia Limited — 2023

The claimant applied for interim relief, alleging that his dismissal was automatically unfair under section 103A of the Employment Rights Act 1996 because the reason or principal reason was protected qualifying disclosures. The Tribunal noted that the respondent did not appear at the interim relief hearing, although the proceedings had been intimated to it.

The Tribunal considered the claimant's account and documents about repeated disclosures concerning alleged health and safety issues from excessive vibration in Sikorsky S-92 helicopters, access to occupational health assessment, and vibration data. It stated that the claimant had met the interim relief test and that the claim was likely to succeed, while noting that detailed formulation of the protected disclosures would happen once pleadings had crystallised.

The Tribunal granted interim relief, ordered continuation of the claimant's contract as an Aircraft Commander and Captain from the date of termination until termination or settlement of the complaint, and ordered the respondent to pay salary and pension payments to which the claimant had been entitled before dismissal until final determination or settlement.