The Supreme Court in England and Wales has refused low-fare carrier Ryanair permission to appeal an earlier judgment that ruled one of its pilots, who worked exclusively for the airline, was a temporary worker rather than a self-employed contractor.
The decision brings to a close a protracted legal battle that will have major implications for aviation and other companies that rely heavily on flexible and contract labour.
The case centred on British Airline Pilots’ Association (BALPA) member Jason Lutz, who had flown for Ryanair since 2017 through the recruitment agency Storm Global Ltd (formerly MCG).
Despite wearing Ryanair’s uniform, having his rosters set, and his holidays authorised by the airline, Ryanair had argued that Mr. Lutz was not a temporary worker under the Agency Workers Regulations.
However, an earlier Employment Tribunal (ET) had found that Mr. Lutz was an employee of MCG and their agency worker was hired out to Ryanair.
This classification entitled him to key employment rights, including holiday pay, sick pay, and proper rest breaks—protections often denied to those classified as self-employed contractors.
The Supreme Court rejected Ryanair’s application for appeal, stating that the airline had not raised any relevant or new points of law that the court ought to consider, and ordered the airline to pay costs.
The refusal effectively settles the question of law regarding those temporarily engaged workers.
BALPA General Secretary Amy Leversidge welcomed the HIgh Court decision.
“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,” she said.
Leversidge added that the outcome is “great news, not only for our pilot members but for all agency and gig workers in the UK”.
The final judgment is expected to trigger a review of working arrangements for employers across multiple sectors who currently classify flexible staff as independent contractors.
Ryanair has been approached for comment.
PHOTO: Ryanair
Ryanair has been refused permission to appeal the landmark decision.
