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

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Farrer & Co successfully represented members of the British Airline Pilots’ Association (BALPA) in their case against Ryanair DAC, marking the first time the Blacklisting Regulations were considered by the Court of Appeal since their introduction in 2010.

The Court 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.

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 being subject to a detriment” for having gone on strike, BALPA withdrew this aspect of the claim. The key remaining question was whether the Blacklisting Regulations protected striking workers from being put on a list for the purposes of discriminating against them.

The Court of Appeal’s decision

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 confirms that employers cannot penalise striking employees by putting them on a “prohibited list” in order to discriminate against them or subject them to detriment for participating in industrial action.

Importantly, the prohibition applies to strikes which are officially called by a trade union but may not meet all the detailed procedural requirements under Part V TULR(C)A which relate to balloting and notifications. 

As such, employers should take note and be mindful of this significant judgment in the context of industrial relations and particularly strike action.

For further information, please contact: Alice Yandle or Caitlin Farrar.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, January 2025

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About the authors

Alice Yandle employment lawyer

Alice Yandle

Partner

Alice is an experienced employment lawyer, advising both organisations and senior executives on complex employment, partnership and regulatory issues. Alice frequently advises on employee competition matters, including confidential information and post-termination restraints in the context of team moves. Alice is also recognised for her extensive work advising schools on issues relating to staff, pupils and parents.    

Alice is an experienced employment lawyer, advising both organisations and senior executives on complex employment, partnership and regulatory issues. Alice frequently advises on employee competition matters, including confidential information and post-termination restraints in the context of team moves. Alice is also recognised for her extensive work advising schools on issues relating to staff, pupils and parents.    

Email Alice +44 (0)20 3375 7610
Caitlin Farrar lawyer

Caitlin Farrar

Associate

Caitlin specialises in employment law, representing both employers and claimants in legal claims, including senior executives and trade unions. She also offers legal advice in non-contentious matters.

Caitlin specialises in employment law, representing both employers and claimants in legal claims, including senior executives and trade unions. She also offers legal advice in non-contentious matters.

Email Caitlin +44 (0)20 3375 7685
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