BoeingMEL
A question (not a challenge to your argument, just a question) if I may:
Purely theoretically, and to help me understand European employment law, why isn't half of your point number one (let's leave aside the other half about duty of care as it is a distinct statute) relating to minimum wage legislation a factor likely to overide your point number 3? I am assuming that if a Pay2fly candidate was to take action (as I say a theoretical question) and demand the minimum wage, then the charges an employer makes would be contrary to the statute on minimum remuneration for workers?
At the moment I am inclined to agree with the freelance argument, that is to say, those who pay to fly are not workers (presumably this is the successful argument made by the (non) employer, and therefore the legislation does not apply. However I would be interested to see an (just for the sake of example) Eastern European migrant worker come to the UK and pay to gain experience in a kitchen or harvesting fruit on a farm, before being elligible for proper employment - would the lobbying be more intense? I think it would.