Court of Appeal rules on Ryanair pilot’s claim to worker status


Today, the Court of Appeal will hear a case that could have major implications on aviation and other sectors.

Storm Global has appealed previous decisions by the Employment Appeal Tribunal and Employment Tribunal, both of which determined that Jason Lutz is a Storm Global employee and agency worker, and that he hired him to work for Ryanair, despite the fact that both companies insisted that he is self-employed.

This case is similar to other rulings on worker status in recent years, including cases against Hermes and Uber where drivers were determined to be employees, not self-employed contractors, as the companies claimed.

If the Court of Appeal upholds the previous rulings, this would have an impact on Lutz’s rights and those of other pilots recruited in the same way. This includes the right to paid annual leave, pension contributions, and the employment agency.

The same terms and conditions of employment as those for direct employees are applicable to them.

Storm Global initially engaged Ryanair in 2011 to supply “contract pilots”. In 2014, it was named the primary supplier of the airline and according to its website provides around 750 first officers and captains across the group.

Storm Global says that “a compliant and innovative contracting model was put into place, along with a unique direct employment model for the UK.”

Amy Leversidge is the general secretary of British Airline Pilots’ Association, which supports Lutz. She said: “The past rulings are clear, and that Ryanair, Storm Global and others continue to contest these decisions is an embarrassment.” It is yet another blow to bogus self-employment claims, but Ryanair and Storm Global refuse to accept responsibility, prolonging justice and the process for the affected pilots.

No worker should be subjected insecure gig-economy style employment arrangements that strip away their rights. This is especially true for those who are in roles where safety and protection are paramount. We will seek compensation for pilots whose rights have been violated for too long if the Court of Appeal upholds these rulings.

Alice Yandle of Farrer & Co who represents Lutz said that this case would have enormous implications for all agency employees in the modern workplace, extending far beyond the aviation sector.

The right to substitute another did not exist. The documents that purport to show otherwise are a sham and have no other purpose than to undermine an assertion that the man was a worker.

It will determine if they have the right to paid annual leave, and access to basic working and employment terms and conditions just as if they were directly employed by the employer.

Previous rulings were based upon the fact that Lutz worked for Storm Global which was an employment company. They hired him as an agency worker in order to work as pilots for Ryanair. The court ruled that although his contract included a right of substitution, he was not allowed to send anyone else to replace him. This is because airline safety regulations were in place.

In Lutz V MCG Aviation, the employment judge stated: “I find [Lutz] had a contract for personal services.” (The respondent was divested and is now Storm Global). He could and did ask to have his flights changed, but only to alter the days he worked.

“The right to substitute another did not exist.” The document that purports to prove otherwise is a fake, and has no other purpose than to undermine an assertion of his being a worker. If there was a right to substitution, it would have been so limited that it could not be considered “unfettered”.

In Ryanair, Storm Global v Lutz, at the EAT Mrs Justice Heather Williams found that the employment tribunal had been correct to take into consideration the “fetters arising out of airline safety regulatory requirements”. The appeal was denied.

The Court of Appeal decided in January that Ryanair had violated the Blacklisting Regulations by putting pilots on a Blacklist for exercising their legal right to go on strike in 2019.

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