British Airline Pilots Association v Jet2.Com Ltd

British Airline Pilots Association v Jet2.Com Ltd

The scope of compulsory collective bargaining under Schedule A1, paragraph 3(3) includes all proposals relating to pay, hours, or holidays, regardless of whether they confer individual contractual rights or are considered core entitlements. Rostering arrangements proposed by BALPA relate to hours and holidays and are within scope for negotiation, except for certain items expressly excluded (positioning, compassionate leave, wedding leave, maternity/paternity leave, rostered detachments).

Parties
Appellant: British Airline Pilots Association; Respondent: Jet2.com Limited
Jurisdiction
England and Wales
Judgment Date
18 January 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Statutory Trade Union Recognition, Collective Bargaining, Scope of Negotiable Terms, Interpretation of 'pay, Hours and Holidays'
Employment Law Labour Relations Statutory Trade Union Recognition Collective Bargaining Scope of Negotiable Terms Interpretation of 'pay, Hours and Holidays'

Case Brief

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Parties

British Airline Pilots Association

Appellant

Jet2.com Limited

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Jet2.com is obliged to negotiate with BALPA about pilots' rostering arrangements under statutory recognition procedures
  2. 2 Proper construction of 'pay, hours and holidays' in Schedule A1, paragraph 3(3) of the Trade Union and Labour Relations (Consolidation) Act 1992

Ratio Decidendi

The scope of compulsory collective bargaining under Schedule A1, paragraph 3(3) includes all proposals relating to pay, hours, or holidays, regardless of whether they confer individual contractual rights or are considered core entitlements. Rostering arrangements proposed by BALPA relate to hours and holidays and are within scope for negotiation, except for certain items expressly excluded (positioning, compassionate leave, wedding leave, maternity/paternity leave, rostered detachments).

Court Disposition

Appeal allowed

Orders

  • Declaration that the proposals contained in the Framework document properly form the subject of collective bargaining within the meaning of paragraph 3(3) of Schedule A1 to the 1992 Act, except for items identified as outside scope (positioning, compassionate leave, wedding leave, maternity/paternity leave, rostered...