Morais & Ors v Ryanair DAC [2025] EWCA Civ 19 (17 January 2025)

Morais & Ors v Ryanair DAC [2025] EWCA Civ 19 (17 January 2025)

The Blacklisting Regulations prohibit blacklisting for participation in industrial action organised or endorsed by a trade union, and do not require compliance with Part V of the 1992 Act for protection. Ryanair's attempt to relitigate the lawfulness of the strike ballot constitutes an abuse of process.

Citation
[2025] EWCA Civ 19
Parties
Claimants (respondents to the Appeal): Benjamin Morais & Others; Appellants: Ryanair DAC; Interested Party: Secretary of State for Business and Trade
Jurisdiction
England and Wales
Judgment Date
17 January 2025
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Blacklisting, Trade Union Activities, Industrial Action, Detriment, Interpretation of Regulations, Article 11 ECHR
Employment Law Human Rights Law Blacklisting Trade Union Activities Industrial Action Detriment Interpretation of Regulations Article 11 ECHR

Case Brief

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Parties

Benjamin Morais & Others

Claimants (respondents to the Appeal)

Ryanair DAC

Appellants

Secretary of State for Business and Trade

Interested Party

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether participation in industrial action is included in 'activities of trade unions' under the Blacklisting Regulations
  2. 2 Whether the Blacklisting Regulations require compliance with Part V of the 1992 Act for protection
  3. 3 Whether Ryanair is estopped or barred from contesting the lawfulness of the strike ballot

Ratio Decidendi

The Blacklisting Regulations prohibit blacklisting for participation in industrial action organised or endorsed by a trade union, and do not require compliance with Part V of the 1992 Act for protection. Ryanair's attempt to relitigate the lawfulness of the strike ballot constitutes an abuse of process.

Court Disposition

Appeal dismissed

Orders

  • Claim under s 146 dismissed by consent
  • Claims under Blacklisting Regulations upheld