Court of Appeal rules Ryanair pilots are workers

A Ryanair pilot won a legal victory at the Court of Appeal on the worker status.

Jason Lutz was employed by Ryanair via an agency called Storm Global. They claimed that he wasn’t entitled to the same rights as salaried workers because he is a self-employed person.

The Employment Appeal Tribunal (EAT) and the Employment Tribunal concluded that Lutz is a Storm Global employee and an agency employee. Storm Global has been hired by Ryanair as a provider of “contract pilots” for its network.

Storm Global brought the case before the Court of Appeal. has now ruled that Lutz is entitled to employment benefits such as paid leaves.

The Court of Appeal’s unanimous decision could have an impact on other pilots that have been hired and engaged this way. It may also affect employment practices within the aviation industry, and the engagement of agency workers in general.

Lutz’s case was supported by the British Airline Pilots’ Association, and he was represented by Farrer & Co.

Balpa’s general secretary Amy Leversidge said, “This is an important legal victory not only for Jason Lutz and all of our pilot members, but also for agency workers in the UK aviation sector and beyond.”

“For far too long, aviation employees have been denied their fundamental rights by complex and ambiguous work arrangements.

The unanimous decision of the Court of Appeal sends a strong message: labels such as “self-employed” cannot be used in order to avoid employment protections.

The previous rulings were made based on findings that Lutz worked for Storm Global, a recruitment agency. They hired him as an agency employee to work as pilot for Ryanair.

The court found that, although his contract included a right of substitution, he was not allowed to send anyone else to replace him due to airline safety regulations.

Alice Yandle of Farrer & Co explained that it was the first instance the Court of Appeal addressed the issue of worker status and agency worker’s rights in the context of lengthy assignments.

She said: “This result reflects our capability to deliver results in complicated, first-of their-kind cases which push the boundaries existing legal frameworks.”

The latest in a series of legal disputes involving worker status is the case of Addison Lee Drivers who now have the right to compensation for lost earnings and backdated wages.

The Employment Rights Bill will introduce a number of new rights to gig economy workers when it comes into effect in 2019. However, the government has not committed to reviewing the current system for determining worker status.

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