The British Airline Pilots Association (BALPA) has achieved a significant legal triumph in the Court of Appeal, securing a landmark judgment that not only delivers justice for Ryanair pilots but also sets a powerful precedent for the entire trade union movement.

The Court’s ruling today firmly established that Ryanair’s practice of putting pilots who exercised their legal right to strike in 2019 on a blacklist in order to withdraw their travel benefits constituted a breach of the Blacklisting Regulations. This decision underscores that such retaliatory actions against workers who take part in lawful industrial action are both unacceptable and unlawful.

The Case at a Glance
The legal case arose after BALPA called a strike among Ryanair pilots in 2019. In response, Ryanair threatened to revoke concessionary travel benefits for employees who participated in the action. True to its warning, the airline removed these benefits for 12 months, effectively punishing pilots for exercising their legal right to strike.

With BALPA’s backing, the affected pilots represented by Farrer & Co successfully argued that Ryanair’s conduct amounted to blacklisting under UK regulations designed to protect workers from such discriminatory practices. The case involved the expertise of five KCs including Stuart Brittenden KC and Bruce Carr KC on BALPAs legal team. Today’s ruling decisively confirms that stance.

Implications for the Wider Union Movement
This case reinforces the principle that workers’ rights to organize and engage in lawful strikes are sacrosanct and its significance was recognised by the Secretary of State of Business and Trade who intervened in the case. BALPA’s victory highlights the critical role trade unions play in defending these rights and ensuring employers are held accountable for any breaches.

Quote from the judgment:
“There can be no real dispute that the natural meaning of the phrase “activities of an independent trade union” includes organising industrial action.”

BALPA General Secretary, Amy Leversidge said:
“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 employers in order to punish them and we hope that 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, Farrer & Co, comments:
“We were very proud to support BALPA and its members in achieving such a significant legal victory in the Court of Appeal which raises points of such a 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.”