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Contracts of employment: Collectively agreed seniority provision did not apply on merger

This report relates to 1 case(s)

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    Adams and others v British Airways plc [1996] IRLR 574 CA (0 other reports)

In Adams and others v British Airways plc 28.2.96 Court of Appeal, the Court of Appeal holds that a collective agreement incorporated into the individual contracts of employment of pilots recruited by British Airways - which provided that all "new entrants" joining BA as pilots would be put at the bottom of its seniority list - did not apply on the merger of BA with another major airline. There was an obvious factual distinction between, on the one hand, recruitment of pilots who had left other airlines or the armed services to join BA - in which situation the agreement applied - and, on the other, the acquisition of a major airline with its facilities, aircraft, routes and workforce.