Pilot Triumphs in Unfair Dismissal Case After Helicopter Vibration Injury
A commercial helicopter pilot has won a significant unfair dismissal case after complaining that damaging vibrations from his aircraft caused a degenerative back injury. Mark Radcliffe, who co-founded the Princess Anne-supported charity Wings4Warriors, was demoted by CHC Scotia after taking videos inside the helicopter to document the vibrations he claimed were harming his health.
Background and Medical Concerns
The employment tribunal in Aberdeen, Scotland, heard that Mr Radcliffe began working for CHC in December 2012 and became a Captain in 2019. However, by December 2022, he went on sick leave due to debilitating lower back pain, which he attributed to the Sikorsky S-92 helicopter he was flying. An MRI scan later confirmed he had degenerative disc disease.
His doctor requested vibration reports for both the S-92 and the potentially smoother H175 helicopter from CHC, hoping to find a solution that would alleviate Mr Radcliffe's pain. The company provided only partial information, with HR Director Leslie Sim expressing concerns in an email about setting a precedent if they accommodated his request.
Disciplinary Action and Demotion
Despite being signed fit to work in April 2023, CHC refused to transfer Mr Radcliffe to the H175 helicopter. During a phased return with limited flights, he posted videos from inside the helicopter to Instagram in May 2023 to demonstrate the vibration issue. Although his phone was on Airplane Mode and his co-pilot was flying, CHC suspended him immediately and later demoted him from Captain to Co-pilot in August 2023 for using his phone during a "safety critical stage of flying."
Mr Radcliffe appealed the decision, arguing the demotion was unjustified, but lost. He eventually resigned in February 2025, claiming breach of contract, and maintained that his demotion effectively constituted dismissal.
Tribunal Ruling and Whistleblower Protection
Employment Judge Nicol Hosie ruled that Mr Radcliffe had been unfairly dismissed through his 2023 demotion. The judge stated that the demotion was a "material change in responsibilities and status" that carried stigma, especially given Mr Radcliffe's five years as a Captain. The tribunal found no valid reason for the sanctions beyond a written warning.
Judge Hosie emphasized a link between Mr Radcliffe's whistleblowing about helicopter safety and his treatment, noting that CHC seemed intent on suppressing his health and safety concerns. "The purpose... was to create a situation which he found to be untenable, he would resign and this would mean that the health and safety... issues would not have to be addressed," the judge concluded.
Charity Involvement and Aftermath
Alongside his pilot career, Mr Radcliffe co-founded Wings4Warriors, a charity that trains wounded veterans as professional pilots. Princess Anne attended the opening of its Veterans' Flying School in Gloucestershire in January 2025. The tribunal's decision highlights the challenges faced by employees raising safety concerns, particularly in high-stakes industries like aviation.
