British Airline Pilots' Association v Jet2.com Ltd [2015] EWHC 1110 (QB) (23 April 2015)

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 contractual incorporation fall within the scope of compulsory negotiation. Operational policies and practices requiring flexibility are not subject to collective bargaining. Unilateral pay announcements did not breach the Specified Method as the process was followed and pay offers were accepted by the Claimant.

Citation
[2015] EWHC 1110 (QB)
Parties
Claimant: British Airline Pilots' Association; Defendant: Jet2.com Ltd
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Contractual/statutory Interpretation Claim / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Collective Bargaining, Statutory Recognition, Contractual Incorporation, Pay Negotiations, Rostering Arrangements
Employment Law Trade Union Law Contract Law Collective Bargaining Statutory Recognition Contractual Incorporation Pay Negotiations Rostering Arrangements

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Parties

British Airline Pilots' Association

Claimant

Jet2.com Ltd

Defendant

Procedural Posture

Contractual/statutory Interpretation Claim / High Court Judgment

Legal Issues

  1. 1 Scope of collective bargaining under statutory recognition—whether rostering arrangements fall within 'pay, hours and holidays'
  2. 2 Compliance with Specified Method for pay negotiations—whether unilateral pay announcements breach collective bargaining obligations

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 contractual incorporation fall within the scope of compulsory negotiation. Operational policies and practices requiring flexibility are not subject to collective bargaining. Unilateral pay announcements did not breach the Specified Method as the process was followed and pay offers were accepted by the Claimant.

Court Disposition

Claim dismissed