Mr N J Baker and Mr T Neale v Civil Aviation Authority: 2300349/2016 and 2300708/2016
| Jurisdiction | England & Wales |
| Judgment Date | 20 March 2019 |
| Citation | 2300349/2016 and 2300708/2016 |
| Court | Employment Tribunal |
| Published date | 27 March 2019 |
| Subject Matter | Unfair Dismissal |
Cases Nos: 2300349/2016 & 2300708/2016
1
Reserved judgment
EMPLOYMENT TRIBUNALS
Between:
Claimants: Mr N J Baker and Mr T Neale
Respondent: Civil Aviation Authority
Heard at London South Employment Tribunal on 6-9, 12-15 November &
5 December 2018.
Before Employment Judge Baron
Lay Members: Ms B Brown & Ms B Leverton
Representation:
Claimant: Catrin Lewis
Respondent: Andrew Tabachnik QC and Jennifer Thelen
JUDGMENT
It is the judgment of the Tribunal that these claims be dismissed.
REASONS
Introduction
1 These claims have many features in common, but they are separate
claims and have been considered as such. Each of the Claimants was
employed by the Respondent as a Training Inspector and resigned from
that employment. Mr Baker gave three months’ notice and his employment
ended on 12 September 2015. Mr Neale resigned by giving notice on 11
August 2015 with effect from 28 October 2015.
2 Each of the Claimants alleges that he made a protected disclosure, and
that as a result he suffered various detriments sufficient to amount to a
repudiatory breach of contract entitling him to resign. That is a claim of
automatic constructive unfair dismissal within section 103A of the
Employment Rights Act 1996. In addition each of the Claimants also
alleges that various actions of the Respondent amounted to conduct
entitling him to resign, irrespective of any protected disclosure, as a result
of which there is a claim for ‘ordinary’ constructive unfair dismissal. Miss
Lewis had prepared a list of issues in respect of each claim, which list had
Cases Nos: 2300349/2016 & 2300708/2016
2
not been specifically agreed with Mr Tabachnik. However, we consider
that it accurately summarises the matters to be decided.
3 Mr Baker relied upon an email of 9 February 2015 as containing a
protected disclosure. Miss Lewis set out in her submissions the
information alleged to have been disclosed for the purposes of section
47B of the 1996 Act as follows:
Specifically in respect of the decline in numbers of subject matter experts within Flight Crew
Standards (and other disciplines associated with the regulation of aircrew training) – now well
below ‘critical mass’ where CAA might hope to influence the [training] standards across industry
and within Approved Training Organisations with any real effectiveness.
1
4 The matters of which Mr Baker complained as being detriments on the
grounds of having made a protected disclosure were set out as follows:
On 22 April 2015 Rob Bishton issued new instructions including a total ban on working from
home (WAH); a requirement to attend Gatwick between 9am and 5pm (with time worked outside
these hours no longer considered working time) and for Mr Baker to work on 3 days per week –
no more or less – later stipulated as Tuesday, Wednesday, and Thursday.
5 The matters on which Mr Baker relies as entitling him to resign without
notice and so make a claim that he was dismissed within section 95(1)(c)
of the 1996 Act were as follows:
2
1. Lesser allowance for base relocation awarded
2. Line flying stopped as a condition of part-time working
3. Flying budget to revalidate flying licence qualifications severely restricted
4. Other changes to terms and conditions: Loss of company car; medical insurance provision
downgraded; travel and related expenses reduced …
5. Pay dispute never satisfactorily resolved – ensued over additional hours C had worked at
the behest of CAA – 75% instead of 60% - as was required by C’s part-time contract
6. No pay rise between 2011 and 2015
7. PMR performance grading calibrated down 2 grades, as a consequence of part-time
working ( the first year of the part-time contract)
8. Application to work full time was ignored
9. April 2015: a disagreement over annual leave owed – a legacy of 2013 pay dispute – 4 or
5 days leave entitlement lost
10. 12 February 2015: Public criticism of C’s letter of 9 February by Rob Bishton during a
teleconference
11. April 2015 PMR calibrated down – 1 performance grade lower than line manger’s
recommendation – from above average to average (grade 2 to 3)
12. May 2015: Co-incident with the decline in numbers of FCSIs, and the eventual closure of
the FCS section, job titles changed for FCSI to FOTI, removing Flight Crew Standards
SME status
13. May/June 2015: work patterns and work activity challenged by C’s line manager.
1
That reflects paragraph number 1 in the Particulars of Claim.
2
Copied from paragraph 47 of Miss Lewis’ closing submissions.
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