Court appeal upholds landmark employment case against Ryanair
January 20, 2025
The British Airline Pilots Association (BALPA) has achieved what it deems a “significant legal achievement” against Ryanair, securing a previously disputed court ruling that the low-cost carrier effectively blacklisted its pilots who exercised their legal right to strike.
Following a BALPA-initiated strike among Ryanair pilots in 2019, Ryanair responded by threatening to “revoke concessionary travel benefits for employees who participated in the action,” explained the union. “True to its warning, the airline removed these benefits for 12 months, effectively punishing pilots for exercising their legal right to strike,” it continued.
The 2019 strike, which was held across two 48-hour periods in August and September, had been initiated following concerns over pay and conditions. It also followed warnings of job cuts from CEO Michael O’Leary, who cited a “challenging summer” for the carrier. Although a separate legal challenge saw Ireland-based pilots prevented from striking, their UK counterparts continued with their industrial action as planned.
With BALPA’s backing the affected pilots took the case to an employment tribunal, claiming that Ryanair’s actions constituted a breach of the Employment Relations Act (Blacklists) Regulations 2010. Although the pilots won their case in 2020, Ryanair appealed to the Court of Appeal, which has now ruled conclusively in their favour.
The 2010 legislation defines a so-called ‘prohibited list’ as one which “is compiled with a view used by employers… for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers”.
Ryanair confirmed that it intends to “immediately appeal” the case again, with a spokesperson explaining: “Ryanair, not unreasonably, removed discretionary staff travel benefits for 12 months for a small number of pilots who failed to report for their rostered duties in 2019”. It added that “staff travel benefits are discretionary and no employer can or should be forced to provide them to people who fail to show up for work”.
BALPA general secretary Amy Leversidge believes that the ruling represents “a huge win for BALPA and the trade union movement more generally,” concluding that “the Court’s decision will put a stop to employers making lists of striking employees in order to punish them”.
Legal partner at Farrer & Co Alice Yandle concurred, stating: “The judgement is emphatic in its acceptance of all the arguments we advanced and has confirmed that the Blacklisting Regulations prohibit employers from compiling a list of trade union members who have gone on strike in order to discriminate against them”.
