Benjamin Morais & Ors v Ryanair DAC

Benjamin Morais & Ors v Ryanair DAC

The phrase 'activities of trade unions' in the Blacklisting Regulations includes participation in official industrial action organised or endorsed by a trade union, regardless of compliance with Part V of the 1992 Act. The absence of the 'at an appropriate time' limitation and the legislative history support this interpretation. Ryanair is barred from contesting the lawfulness of the industrial action due to abuse of process, having already litigated and abandoned the issue in prior High Court proceedings.

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 (employment/blacklisting) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Blacklisting Regulations, Trade Union Activities, Industrial Action, Interpretation of Statutes, Article 11 ECHR
Employment Law Labour Law Human Rights Blacklisting Regulations Trade Union Activities Industrial Action Interpretation of Statutes 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 (employment/blacklisting) / 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 industrial action to be 'protected' under Part V of the 1992 Act
  3. 3 Whether Ryanair is estopped or barred from contesting the lawfulness of the industrial action due to prior proceedings

Ratio Decidendi

The phrase 'activities of trade unions' in the Blacklisting Regulations includes participation in official industrial action organised or endorsed by a trade union, regardless of compliance with Part V of the 1992 Act. The absence of the 'at an appropriate time' limitation and the legislative history support this interpretation. Ryanair is barred from contesting the lawfulness of the industrial action due to abuse of process, having already litigated and abandoned the issue in prior High Court proceedings.

Court Disposition

Appeal dismissed

Orders

  • Appeal by Ryanair dismissed
  • No relief under s 146 of the 1992 Act; claim under Blacklisting Regulations proceeds