Unite union has lost its appeal against British Airways’s decision to reduce the number of cabin crew on its flights.
In Malone & Ors v British Airways [2010] EWCA Civ 1225, three lead claimants (in a claim brought by 5,000 claimants) alleged that BA unilaterally reduced the crew complements on its aircraft below levels agreed through collective bargaining between BA and Unite.
The claimants alleged that the collective agreement had been incorporated into their individual contracts of employment and was therefore enforceable on an individual basis.
Acknowledging that it was “a difficult issue”, Lady Justice Smith said she was “satisfied that crew complements do impact to some extent upon the working conditions of individual employees”.
However, she held that the terms of the collective agreement in question were not enforceable on an individual basis. If they were, it would create “disastrous consequences for BA”.
Rob McCreath, employment partner at Archon Solicitors, says: “The case illustrates the key point that unions cannot enforce collective agreements with employers through the courts, unless the collectively agreed terms have become part of individual contracts of employment.”
