Malone & Ors v British Airways Plc

Malone & Ors v British Airways Plc

The crew complement provisions in the collective agreements, while impacting working conditions, were not intended to be individually enforceable terms of the employment contract. The disastrous consequences of individual enforceability and the collective nature of the provisions indicate that they were binding only in honour and not as contractual terms enforceable by individual employees.

Parties
Appellants: Malone & Ors; Respondent: British Airways Plc
Jurisdiction
England and Wales
Judgment Date
03 November 2010
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Incorporation of Collective Agreements, Enforceability of Employment Terms, Breach of Contract, Remedies in Employment Disputes
Employment Law Contract Law Incorporation of Collective Agreements Enforceability of Employment Terms Breach of Contract Remedies in Employment Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Malone & Ors

Appellants

British Airways Plc

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether crew complement provisions in collective agreements are incorporated into individual contracts of employment and enforceable by individual employees
  2. 2 Whether the reasonable changes clause permitted BA to unilaterally reduce crew complements
  3. 3 Whether injunctions would be an appropriate remedy

Ratio Decidendi

The crew complement provisions in the collective agreements, while impacting working conditions, were not intended to be individually enforceable terms of the employment contract. The disastrous consequences of individual enforceability and the collective nature of the provisions indicate that they were binding only in honour and not as contractual terms enforceable by individual employees.

Court Disposition

Appeal dismissed