Tomorrow, the Court of Appeal will review a landmark employment rights case brought by Storm Global and Ryanair, which could compel airlines and other companies using agency workers to reassess their hiring practices. This review may result in back pay and holiday pay being owed to pilots.
The appeal challenges two previous rulings that found Mr. Lutz to be a worker and an agency worker of Storm Global, hired out to work for Ryanair, despite both companies’ insistence that he was self-employed. The British Airline Pilots’ Association (BALPA), represented by Farrer & Co, is steadfast in its support of workers’ rights, emphasizing the significant implications this decision will have not only for the aviation industry but also for businesses across the gig economy.
The case arrives at a crucial moment in the debate over employed versus self-employed status, following similar cases involving household names like Uber and Hermes. If the Court of Appeal upholds the previous rulings, it will force airlines to review their hiring practices and could result in back pay and holiday pay being owed to pilots. The implications extend beyond aviation, affecting companies that hire workers and agency workers under similar arrangements.
BALPA General Secretary Amy Leversidge has condemned Ryanair and Storm Global’s continued challenges to the rulings, calling it a disgrace and a delay of justice for affected pilots. She asserts that no worker should be subjected to insecure gig economy-style employment arrangements, especially in roles where safety and stability are paramount.
Alice Yandle, Partner at Farrer & Co, highlights the broader impact of the case, stating that it will determine whether agency workers are afforded rights to paid annual leave and access to the same basic working conditions as if directly engaged by the hirer. She emphasizes BALPA’s commitment to improving workers’ rights.
The Court of Appeal hearing marks a pivotal moment for employment rights in the aviation sector. BALPA remains dedicated to ensuring fair treatment and legal protections for pilots.
The decision from the Court of Appeal is expected to take several months. Meanwhile, BALPA urges Storm Global and Ryanair to accept the judgments and work with the union to provide sustainable employment for pilots and address claims for historic back pay.
Farrer & Co is a British law firm headquartered in London, England serving private individuals, charitable institutions and corporations.
