The case of a Ryanair pilot that was employed via an agency being incorrectly listed as self-employed is being heard in the court of appeal after it was ruled that the pilot was an employee not self-employed.
Agency Storm Global hired out the pilot to Ryanair and treated them as self-employed meaning they had limited rights and no job security which prompted the landmark case where it was ruled that the pilot was in fact employed by Storm Global and/or Ryanair.
The case was backed by the British Airline Pilots Association (BALPA) which is standing firm in the appeal which is being brought by Storm Global and Ryanair.
BALPA says that no worker should be subject to the insecure ‘gig’ economy and have their rights stripped away as a result.
If the court of appeal upholds the previous ruling then it will have significant impact on pilots recruited by agencies including accesss to workplace pensions and paid annual leave. It will also force airlines that use agancies to change their recruitment practices and result in backpay for annual leave owed to pilots recrited as self-employed.
BALPA General Secretary Amy Leversidge said: “The previous rulings are unambiguous, and the fact that Ryanair and Storm Global continue to challenge these decisions is a disgrace. This is another nail in the coffin of bogus claims of self-employment, yet Ryanair and Storm Global continue to deny their responsibilities, prolonging the process and delaying justice for affected pilots.
“No worker should be subjected to insecure gig economy-style employment arrangements that strip them of their rights, particularly those in roles where safety is paramount and stability and proper protections are essential. If the Court of Appeal upholds the rulings, we will be seeking compensation for pilots who have been denied their rights for far too long.”
Alice Yandle, Partner at Farrer & Co, said: “This case will have huge implications for all agency workers in the modern workforce, extending well beyond the aviation industry. It will determine whether they are afforded rights to paid annual leave and access to the same basic working and employment conditions as if directly engaged by the hirer. We are proud to represent BALPA who remain committed to striving to improve the rights of their members and workers more generally.”
It may be some months before a final ruling is made by the Court of Appeal and BALPA has been calling for Ryanair and Storm Global to respect the previous ruling in the meantime, something they have refused to do.
