A recent win for the British Airline Pilots Association (BALPA) is being lauded for setting a landmark precedent that will be of benefit to the British trade union movement at large.

The ruling found in favour of a group of Ryanair pilots placed on a blacklist following a 2019 strike. Pilots placed on this blacklist were stripped of their travel benefits as punishment for failing to report for their rostered duties during the strike.

The Court of Appeal ruling sets an important precedent in the enforcement of the Trade Union and Labour Relations (Consolidation) Act 1992 and the Employment Relations Act (Blacklists) Regulations 2010.

The decision confirms the act of going on strike as constituting “activities of a trade union”, and bars employers from compiling lists of striking employees to discriminate against them.

Additionally, as Ryanair had failed to obtain an injunction against the strike in 2019, their attempt to re-litigate the legality of the industrial action was an abuse of process.

In a statement BALPA said “This decision underscores that such retaliatory actions against workers who take part in lawful industrial action are both unacceptable and unlawful.”

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.”

Captain Mark Tighe, President of IALPA, commended the actions of BALPA and their resolve when protecting the rights of their members. He said “IALPA has strong ties with BALPA through the International Federation of Airline Pilots' Associations. We welcome the success of our Ryanair pilot colleagues who are members of BALPA. The right to bargain for fair terms and conditions must be done without the risk of discrimination.”

Fórsa national secretary Katie Morgan welcomed the decision. She said: “The right to strike must be protected as a fundamental right of all workers. Workers must be able to stand up for themselves without fear of being targeted later on.”

“I give my heartfelt congratulations to our colleagues at BALPA. This victory secures workers' rights in the UK and reinforces the rights of workers everywhere.”

In a statement responding to the ruling Ryanair said, “Ryanair has instructed our lawyers to immediately appeal this ruling.”

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