Court of Appeal rules in favour of BALPA Pilots in landmark Blacklisting case against Ryanair
News

Leading law firm Farrer & Co has successfully represented members of the British Airline Pilots’ Association (BALPA) in a significant legal victory against Ryanair DAC. The Court of Appeal has unanimously ruled in favour of the pilots in Ryanair DAC v Morais & Ors, confirming that employers are prohibited from compiling or using lists of striking employees to discriminate against them under the Blacklisting Regulations.
This landmark ruling marks the first time the Court of Appeal has considered the scope of the Blacklisting Regulations since their introduction in 2010, strengthening legal protections for trade union members taking part in industrial action.
Background
The case arose from industrial action taken by Ryanair pilots in September 2019, organised by BALPA in a dispute over pay and conditions. Before the strike, Ryanair threatened to remove concessionary travel benefits from pilots who participated. The airline followed through on this threat, keeping a list of striking employees and using it to withdraw benefits for a year.
Affected pilots, including lead claimant Ben Morais, challenged Ryanair’s actions in the Employment Tribunal, arguing that the airline’s actions constituted:
- A breach of Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A), which protects workers from detriment related to union activities.
- A breach of the Employment Relations Act (Blacklists) Regulations 2010, as Ryanair had effectively created a blacklist to discriminate against those who had exercised their right to strike.
The pilots won at the Employment Tribunal in 2020, with the decision upheld by the Employment Appeal Tribunal in 2021. Ryanair appealed to the Court of Appeal, where the case was delayed pending the Supreme Court ruling in Secretary of State for Business and Trade v Mercer.
Following Mercer, which determined that Section 146 of TULR(C)A did not protect workers from detriment for striking, BALPA withdrew this aspect of the claim. The key remaining question was whether the Blacklisting Regulations protected striking workers from discrimination.
The Court of Appeal has now ruled emphatically in favour of the pilots, confirming that:
- Going on strike constitutes “activities of a trade union” under the Blacklisting Regulations.
- Employers cannot compile or use a list of striking employees to discriminate against them, regardless of whether the industrial action meets all statutory requirements under Part V TULR(C)A.
- Ryanair’s attempt to re-litigate the legality of the industrial action was an abuse of process, given that it had previously failed to obtain an injunction against the strike in 2019.
Impact and significance
This ruling is a significant victory for BALPA and the wider trade union movement. It ensures that employers can no longer penalise workers for striking by maintaining blacklists or using them to impose sanctions. The decision also strengthens collective bargaining rights by preventing employers from undermining lawful industrial action through retaliatory measures.
BALPA welcomed the ruling with their General Secretary Amy Leversidge, stating:
“This is a huge win for BALPA and the trade union movement more generally, which could not have been achieved without the bravery of the pilots involved and the wider support of the BALPA membership. Thankfully, the Court’s decision will put a stop to employers making lists of striking employees in order to punish them. We hope this judgment will make employers think twice before relying on other harmful strike-busting tactics in the aviation sector and beyond.
As we have said time and time again, BALPA always prefers to work in partnership with employers to avoid protracted legal battles, but this shows that we will never fail to stand with our members to protect their rights in situations such as this.”
Alice Yandle, Partner at Farrer & Co, also commented on the ruling:
“We were very proud to support BALPA and its members in achieving such a significant legal victory in the Court of Appeal, raising points of fundamental importance in industrial relations law. The judgment 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.”
Bruce Carr KC, Devereux Chambers and Stuart Brittenden KC, Old Square Chambers instructed by Alice Yandle and Caitlin Farrar of Farrer & Co, represented BALPA.
For further information, please contact:
Ines Alves, Farrer Kane: 07788 926243; [email protected]
© Farrer & Co LLP, January 2025