Ryanair DAC & Anor v Jason Lutz

Ryanair DAC & Anor v Jason Lutz

Mr Lutz was a 'crew member' employed by MCG for CAWR purposes and an 'agency worker' under AWR because the factual reality and contractual arrangements established an employment relationship under EU law, the right of substitution was a sham or so fettered as to require personal service, and the supply was for a fixed term and thus temporary. The ET's findings were supported by law and evidence, and the appeals disclosed no error of law.

Parties
Appellant: Ryanair DAC; Appellant: Storm Global Limited; Respondent: Jason Lutz
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Agency Workers, Employment Status, Working Time, Annual Leave, Personal Service, Temporary Work, Regulatory Interpretation
Employment Law Labour Law Agency Law EU Law Agency Workers Employment Status Working Time Annual Leave +3 more

Case Brief

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Parties

Ryanair DAC

Appellant

Storm Global Limited

Appellant

Jason Lutz

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Mr Lutz was a 'crew member' employed by MCG (Storm Global) for purposes of the Civil Aviation (Working Time) Regulations 2004 (CAWR)
  2. 2 Whether Mr Lutz was an 'agency worker' under the Agency Worker Regulations 2010 (AWR)
  3. 3 Whether the supply of Mr Lutz to Ryanair was 'temporary' within the meaning of AWR

Ratio Decidendi

Mr Lutz was a 'crew member' employed by MCG for CAWR purposes and an 'agency worker' under AWR because the factual reality and contractual arrangements established an employment relationship under EU law, the right of substitution was a sham or so fettered as to require personal service, and the supply was for a fixed term and thus temporary. The ET's findings were supported by law and evidence, and the appeals disclosed no error of law.

Court Disposition

appeal dismissed

Orders

  • Permission to amend grounds of appeal granted to MCG
  • All grounds of appeal by Ryanair and MCG dismissed