Supreme Court Defeat for Ryanair Marks Major Victory for Workers’ Rights

In a significant win for workers’ rights, the Supreme Court has refused Ryanair permission to appeal against a landmark ruling confirming that a pilot who flew exclusively for the airline was a temporary worker rather than a self-employed contractor.

The case centred on BALPA member Jason Lutz, who had been flying for Ryanair since 2017 through the aviation recruitment agency Storm Global Ltd (formerly MCG). Despite being classified by Ryanair as self-employed, Mr Lutz wore the company’s uniform, worked to its rosters, and required Ryanair’s authorisation for holidays – all hallmarks of a direct employment relationship.

Ryanair had argued that Mr Lutz did not qualify as a temporary worker under Regulation 2(1)(a) of the Agency Workers Regulations. However, the Supreme Court’s decision, delivered on 31 October, concluded that the airline had raised no new or relevant points of law. The Court also ordered Ryanair to pay costs.

An earlier Employment Tribunal had found that Mr Lutz was both an employee of MCG and an agency worker hired out to Ryanair, entitling him to essential employment protections including holiday pay, sick pay and proper rest breaks.

BALPA General Secretary Amy Leversidge welcomed the Supreme Court’s decision, saying: “Ryanair has fought every step of the way to deny our member’s employment rights, but BALPA has stood by him throughout.

“Today’s victory sends an undeniable message not only to Ryanair but to other employers using flexible labour. Labels like ‘self-employed’ cannot be used to deny workers their employment rights.
“This is great news, not only for our pilot members but for all agency and gig workers in the UK.”

The ruling is expected to have far-reaching implications for aviation and other industries reliant on freelance and contract labour. By refusing Ryanair’s appeal, the Supreme Court has effectively settled the legal position on temporary engagements, reinforcing the rights of agency and gig-economy workers nationwide.