Morais and others (Respondents) v Ryanair DAC (Appellant)

Case summary

Case ID

UKSC/2025/0027

Parties

Appellant(s)

Ryanair DAC

Respondent(s)

Benjamin Morais & Others

Secretary of State for Business and Trade

Michael Cuddy

Issue

Does the reference to “the activities of trade unions” in Regulation 3(2)(a) of the Employment Relations Act 1999 (Blacklists) Regulations 2010 (“the Blacklisting Regulations”) include participation in industrial action?

Facts

Each of the Respondents was a pilot employed by the Appellant and a member of the British Airline Pilots’ Association (“BALPA”), an independent trade union recognised by the Appellant for the purposes of collective bargaining. In August 2019, BALPA gave the Appellant notice of intended strike dates. The Appellant applied for an interim injunction to prevent the strikes on grounds of non-compliance with Part V of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”), which the High Court refused. On 16 September 2019, the Appellant informed all UK based pilots that engagement in strike action that month would lead to discretionary staff travel privileges being removed for 12 months. Each of the Respondents participated in strike action on 18 and/or 19 September 2019. The Appellant kept a record of those who were absent for rostered duty, then suspended staff travel privileges for those pilots until 19 September 2020. The Respondents complained that they had been subjected to detriment contrary to (i) Reg 3(2)(a) of the Blacklisting Regulations and (ii) section 146(1)(b) of the 1992 Act. The preliminary issues before the Employment Tribunal were whether participation in strike action constituted “taking part in the activities of trade unions” for the purposes of the Blacklisting Regulations and “taking part in the activities of an independent trade union at an appropriate time” for the purposes of the 1992 Act. Following the Supreme Court decision in Mercer v Secretary of State for Business and Trade, which determined that section 146 of the 1992 Act does not cover participation in strike action and therefore issued a declaration of incompatibility under section 4 of the Human Rights Act 1998, the parties agreed to dismiss the section 146 issue. On the Blacklisting Regulations issue, the Employment Tribunal, the Employment Appeal Tribunal and the Court of Appeal found for the Respondents. The Appellant now appeals to the Supreme Court.

Date of issue

14 February 2025

Case origin

PTA

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