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Budget airline Ryanair was in court on Tuesday seeking to overturn a decision on the worker status of a Ryanair pilot.
The case focuses on previous rulings at the Employment Tribunal, which found a contractor pilot was a worker and an agency worker of recruiter Storm Global, who hired him out to work for Ryanair.
The decision came as both companies insisted that Jason Lutz was self-employed, but the Employment Appeal Tribunal (EAT) upheld the ruling.
By ruling that he was an ‘agency worker’, Lutz will be entitled to certain employment rights, including paid annual leave and pension contributions.
The airline wants to overturn the decision, according to its court documents, it is asking the court to conclude “that Lutz was not supplied to work ‘temporarily’ for Ryanair”.
The British Airline Pilots’ Association (BALPA) said they are “standing firm in support” of Lutz, adding that the “hearing is a crucial moment for employment rights in the aviation sector”.
The case will have implications for Ryanair and potentially the airline sector. If upheld by the Court of Appeal, the ruling may force airlines to use similar hiring tactics to review their policies.
The ruling could also result in back pay and holiday pay being owed to pilots.
This comes after the BALPA won its own Court of Appeal case back in January over illegal blacklisting practices at Ryanair.
Members of the BALPA called a strike in 2019, and among those were Ryanair pilots. However, in response, Ryanair threatened to revoke concessionary travel benefits for employees who participated in the action. The airline went on to remove these benefits for 12 months.
The case made its way through the courts, and earlier this year, the court sided with the pilot association.
Ryanair’s case with Lutz is similar to Uber drivers, defined as ‘workers’ and not self-employed by the Supreme Court in 2021.
Lutz’s case started at the court on Tuesday and aims to run into Wednesday, but a decision isn’t expected for several months.
Commenting on the case, 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,” she added.
