How could the pilot and co-pilot be considered "not employed at the time"?
Back in May 2016 I wrote to Lord Mackay of Clashfern, who was Lord Advocate between Jun 1979 and Nov 1981, and asked him why FAIs were not undertake for a number fatal military accidents during his time in office. He told me,
I remember these accidents as I remember discussing them with a senior RAF officer when we met at a service in Glasgow.
I have no memory of discussing an FAI and since I got your e-mail it has occurred to me that members of the Armed Forces may not have been considered as employees and if so the Act would not apply. Yours sincerely James Mackay
I have another letter in which it is made quite clear that the MoD was not prepared to consider service people as employees as such a status would have implications far beyond their rights under the FAI act.
My post is not about "stirring up hurtful issues of after 40 (decades ?)", but filling in important gaps so we can learn from mistakes by exposing flaws in the way we operate. In fact that is one of the prime purposes of an FAI. I believe that it is also important for families to be presented with a fuller picture of what happened on that day, and the events which followed (or didn't follow)
DV