Judgment clears the runway for stronger agency worker rights

Leading law firm Farrer & Co has achieved a landmark judgment in favour of pilot Jason Lutz and the British Airline Pilots' Association (BALPA) in a case which has the potential to shape the future of agency worker rights in the UK. 

Farrer & Co acted on behalf of Mr Lutz in a dispute with Ryanair and Storm Global (an aviation employment agency) which centred on whether he was self-employed or an agency worker.  

Mr Lutz was supplied by Storm Global to work as a pilot for Ryanair on a 5-year contract. 

The Court of Appeal decided unanimously in favour of Mr Lutz on two counts – that he:  

• Was a worker of Storm Global and therefore entitled to annual leave; and 

• Met the definition of an agency worker and was entitled to equal terms and conditions as other Ryanair pilots. 

"This significant judgment provides much-needed clarity on the rights and protections afforded to agency workers in the UK”, said Farrer & Co Partner Alice Yandle. 

"For the first time, the Court of Appeal has addressed how worker status and agency worker rights apply in the context of long-term assignments.  

"This outcome reflects our ability to deliver results in complex, first-of-their-kind cases that push the boundaries of existing legal frameworks." 

BALPA supported and funded Mr. Lutz's claim throughout all proceedings, including two appeals. Amy Leversidge, BALPA General Secretary said: 

"This is a landmark legal victory for not only Jason Lutz and our member pilots, but agency workers all across the UK aviation industry and beyond. 

“For too long, aviation workers have been denied fundamental rights through complex and ambiguous employment arrangements. The Court of Appeal’s unanimous judgement sends a powerful message: labels like "self-employed" cannot be used to sidestep employment protections.” 

The full judgment can be found here. 

Michael Ford KC and Stuart Brittenden KC, Old Square Chambers instructed by Alice Yandle, Caitlin Farrar and Rosanna Gregory of Farrer & Co, represented Mr Lutz. 

For further information, please contact: 

Ines Alves, Farrer Kane: 07788 926243; [email protected]  

© Farrer & Co LLP, July 2025