The case of a Ryanair pilot that was employed via an agency being incorrectly categorised as self-employed is being heard in the Court of Appeal after it was ruled that the pilot was an employee, not self-employed.
The British Airline Pilots’ Association (BALPA) is standing firm in support of workers’ rights as the Court of Appeal reviews a test case that could have major implications for employment practices in aviation and other industries.
The appeal, brought by Storm Global and Ryanair, challenges two previous rulings by the Employment Tribunal and the Employment Appeal Tribunal. Both rulings found that pilot Jason Lutz was a worker and an agency worker of Storm Global who hired him out to work for Ryanair, despite both Ryanair and Storm Global’s insistence that he was self-employed.
If these previous rulings are affirmed by the Court of Appeal, it would have a significant impact on the rights of Mr. Lutz and other pilots who have been recruited and engaged in this way, including in respect of paid annual leave and pension contributions from their employment agency. They also could be entitled to the same employment terms and conditions as direct employees of the airline they fly for.
This case comes on the back of other rulings in the last few years on the rights of workers in the gig economy, such as cases against Uber and Hermes, where drivers and couriers were found to be workers rather than self-employed contractors as the companies had claimed.
If upheld by the Court of Appeal, the ruling will force airlines using these tactics to review their hiring practices and could result in back pay and holiday pay being owed to pilots. It will also have implications beyond aviation for companies seeking to hire workers and agency workers using similar arrangements.
A decision from the Court of Appeal is not expected for several months after the hearing.
BALPA has consistently urged Storm Global and Ryanair to accept the judgments and focus on working with the union to provide clear, sustainable forms of employment for pilots and address claims for historic back pay.
BALPA General Secretary Amy Leversidge said:
“The previous rulings are unambiguous, and the fact that Ryanair and Storm Global continue to challenge these decisions is a disgrace. This is another nail in the coffin of bogus claims of self-employment, yet Ryanair and Storm Global continue to deny their responsibilities, prolonging the process and delaying justice for affected pilots.
“No worker should be subjected to insecure gig economy-style employment arrangements that strip them of their rights, particularly those in roles where safety is paramount and stability and proper protections are essential. If the Court of Appeal upholds the rulings, we will be seeking compensation for pilots who have been denied their rights for far too long.”
Alice Yandle, Partner at Farrer & Co, said:
“This case will have huge implications for all agency workers in the modern workforce, extending well beyond the aviation industry. It will determine whether they are afforded rights to paid annual leave and access to the same basic working and employment conditions as if directly engaged by the hirer. We are proud to represent BALPA who remain committed to striving to improve the rights of their members and workers more generally.
The Court of Appeal hearing is a crucial moment for employment rights in the aviation sector. BALPA will continue to push for fair treatment, ensuring pilots receive the protections they are legally entitled to. “
