Mr S Hadley-Clarke v The Chief Constable of West Yorkshire Police — 2025

The tribunal dismissed the claimant's protected disclosure detriment and trade union detriment complaints as out of time. It found the latest relevant act in any alleged series was no later than 31 October 2023, so the primary time limit expired on 30 January 2024. The tribunal concluded it had been reasonably practicable for the claimant to present those complaints in time, including because he had discussed tribunal proceedings with his union and had legal advice during the capability process.

On the whistleblowing issues, the tribunal found the claimant had not made the alleged protected disclosures relied on. It found he did not in fact raise the alleged JNCC concerns about Captain Barlow's appointment, and that his Regulation 6 appeal and complaints about Captains Thomsett and Clark did not disclose information tending to show a breach of legal obligation in the way contended. In any event, any belief that those matters showed a legal breach was not objectively reasonable. On the trade union issue, the tribunal found the claimant's union activities were not the reason or principal reason for his dismissal.

On ordinary unfair dismissal, the tribunal found the reason for dismissal was capability or qualifications, namely that the claimant lacked the qualifications required to perform his pilot role. It held the respondent followed a reasonable capability process in a safety-critical and heavily regulated aviation setting, considered multiple internal and external training and examining options, and was entitled to take account of safety, regulatory compliance, availability and cost. The tribunal concluded dismissal fell within the range of reasonable responses after alternatives, including further time and alternative roles, had been considered.