British Airline Pilots' Association v Jet2.com Ltd [2015] EWHC 1110 (QB) (23 April 2015)
Statutory collective bargaining under the Specified Method is limited to core contractual terms relating to pay, hours, and holidays. Only those aspects of rostering that are apt for incorporation as contractual terms fall within the scope of collective bargaining. The Defendant is not obliged to negotiate on non-contractual operational rostering policies. The Defendant's communications regarding pay increases did not breach the Specified Method as the Claimant accepted the offers and negotiations proceeded accordingly.
- Citation
- [2015] EWHC 1110
- Parties
- Claimant: British Airline Pilots' Association; Defendant: Jet2.com Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 23 April 2015
- Procedural Posture
- Contract/employment Law Claim / High Court Judgment
- Outcome
- Claim dismissed in part; declaration of scope of collective bargaining issued.
- Legal Topics
- Collective Bargaining, Statutory Recognition, Contractual Incorporation, Pay Negotiations, Rostering Arrangements
Case Brief
Summary, issues, holding and outcome
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Parties
British Airline Pilots' Association
Claimant
Jet2.com Ltd
Defendant
Procedural Posture
Contract/employment Law Claim / High Court Judgment
Legal Issues
- 1 Scope of collective bargaining under statutory recognition
- 2 Whether rostering arrangements are subject to collective bargaining
- 3 Compliance with Specified Method for pay negotiations
Ratio Decidendi
Statutory collective bargaining under the Specified Method is limited to core contractual terms relating to pay, hours, and holidays. Only those aspects of rostering that are apt for incorporation as contractual terms fall within the scope of collective bargaining. The Defendant is not obliged to negotiate on non-contractual operational rostering policies. The Defendant's communications regarding pay increases did not breach the Specified Method as the Claimant accepted the offers and negotiations proceeded accordingly.
Court Disposition
Claim dismissed in part; declaration of scope of collective bargaining issued.
Orders
- Only contractual terms relating to pay, hours, and holidays are subject to collective bargaining under the Specified Method.
- Defendant not obliged to negotiate on non-contractual rostering policies.
Full Case Text
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