All items: Collective agreements

• expand

  Malone and others v British Airways plc [2010] IRLR 431 HC (3 reports relating to this case)

  • Contracts: Agreement on crew numbers not incorporated into employees' contracts

    Date:

    1 June 2010

    In Malone and others v British Airways plc [2010] IRLR 431 HC, the High Court held that the provisions of a collective agreement purporting to set "minimum" cabin crew numbers for different routes and types of craft were not incorporated into individual employees' contracts of employment. In any event, an injunction would not be granted to restrain the employer from reducing cabin crew numbers below the levels specified, and, even if there had been a breach of contract, any award for damages would be for a nominal amount only.

  • Malone and others v British Airways plc

    Date:

    15 March 2010

    The High Court has held that provisions regarding minimum crew complements, contained in collective agreements, were not legally incorporated into employees’ contracts of employment, and those employees could not rely on them. In any event an injunction sought by the employees, to restrain British Airways (BA) from crewing planes other than in accordance with that collective agreement, could not possibly be justified.

  • Case round-up

    Date:

    1 March 2010

    Susannah Jarvis (associate) and Kate Williams (professional support lawyer), Addleshaw Goddard, analyse important recent rulings.

• expand

  Malone and others v British Airways plc [2011] IRLR 32 CA (2 reports relating to this case)

  • Contracts: Agreement as to crew numbers not incorporated into contracts

    Date:

    6 April 2011

    In Malone and others v British Airways Plc [2011] IRLR 32 CA, the Court of Appeal held that the provisions of a collective agreement that purported to set "minimum" cabin crew numbers for different routes and types of aircraft were not incorporated into individual employees' contracts of employment. The provisions amounted to a collective undertaking to operate with minimum numbers so as to protect jobs and guard against excessive workloads, and were binding in honour only.

  • British Airways cabin crew lose breach of contract appeal

    Date:

    10 November 2010

    The Court of Appeal has dismissed an appeal by British Airways cabin crew against the High Court's decision that BA was not in breach of contract by reducing crew complements on flights.

• expand

  Marley v Forward Trust Group Ltd [1986] IRLR 369 CA (1 report relating to this case)

  • Contracts of employment: Incorporation into employment contracts

    Date:

    5 August 1986

    Many collective agreements state that they are to be "binding in honour only". In Marley v Forward Trust Group Ltd the Court of Appeal holds that this applies between the parties to the agreement, ie the union and employer, and does not affect the legal enforceability of terms of collective agreements which are incorporated into contracts of employment of individuals.

• expand

  Palacios de la Villa v Cortefiel Servicios SA [2007] IRLR 989 ECJ (1 report relating to this case)

  • Félix Palacios de la Villa v Cortefiel Servicios SA

    Date:

    17 October 2007

    In Félix Palacios de la Villa v Cortefiel Servicios SA Case C-411/05, the European Court of Justice (ECJ) has given its judgment that the Equal Treatment Directive (2000/78/EC) does not preclude a Spanish law permitting clauses in collective agreements that allow employees to be compulsorily retired when they reach a specified age.

• expand

  Parkwood Leisure Ltd v Alemo-Herron and others [2010] EWCA Civ 24 CA (2 reports relating to this case)

  The conclusion of this case was that the European Court of Justice decided in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

  • TUPE: Transferee not bound by transferor's post-transfer pay agreement

    Date:

    13 April 2010

    In Parkwood Leisure Ltd v Alemo-Herron and others [2010] EWCA Civ 24 CA, the Court of Appeal held that, where the transfer of an undertaking occurs, and the transferring employees' contracts contain a clause referring to a collective agreement between the transferor and the relevant union, the transferee is not obliged to recognise wage increases agreed by the transferor and the union after the transfer has occurred resulting from negotiations to which the transferee was not a party.

  • Parkwood Leisure Ltd v Alemo-Herron and others

    Date:

    3 February 2010

    The Court of Appeal has restored an employment tribunal decision that a transferee was not bound by the terms of a pay increase made under a collective agreement that was incorporated into the contracts before the transfer, where the increase was made under an agreement reached after the transfer in which the transferee played no part.

• expand

  Parkwood Leisure Ltd v Alemo-Herron and others [2011] IRLR 696 SC (2 reports relating to this case)

  In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the European Court of Justice held that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

  • TUPE: contractors exposed on pay bargaining

    Date:

    1 May 2013

    Private companies that acquire staff from the public sector may still have to honour pre-existing collective agreements, writes Christopher Mordue.

  • TUPE: Supreme Court asks ECJ if transferee has to honour pay agreement signed by transferor

    Date:

    16 June 2011

    The Supreme Court has referred to the European Court of Justice the question of whether or not the TUPE Regulations should be given a "dynamic" interpretation, in the context of a dispute over a transferee's failure to honour the terms of a pay increase made under a collective agreement that was incorporated into the contracts of employment before the transfer. 

• expand

  Prigge and others v Deutsche Lufthansa AG [2011] IRLR 1052 ECJ (1 report relating to this case)

  • Age discrimination: German collective agreement requiring pilots to retire at 60

    Date:

    19 September 2011

    The European Court of Justice has held that a rule in a collective agreement applicable to the crew of the German airline Deutsche Lufthansa prohibiting pilots from flying after the age of 60 is discriminatory on the ground of age. 

• expand

  R v Central Arbitration Committee ex parte Norwich Union 8 June 1988 HC (1 report relating to this case)

  • CAC decision quashed

    Date:

    1 November 1988

    In R v Central Arbitration Committee ex parte Norwich Union (8.6.88) EOR22C, the Queen's Bench Division (Mr Justice Rose) rules that the CAC exceeded its powers under the now repealed s.3 of the Equal Pay Act 1970 in acting upon the basis that it had jurisdiction under EEC law to amend a collective agreement which indirectly discriminated against women.

• expand

  Radford v LTI Limited EAT/164/00 (2 reports relating to this case)

  • EAT refuses to interfere with tribunals injury award

    Date:

    1 February 2002

    A £10,000 award for sexual harassment has been upheld on appeal even though the appeals tribunal described the level of compensation as 'generous'.

  • Case roundup: Unfair dismissal and redundancy

    Date:

    22 January 2002

    This week's case roundup, covering unfair dismissal and redundancy procedures laid down in collective agreements.

• expand

  Ralton v Havering College of Further and Higher Education [2001] IRLR 738 EAT (1 report relating to this case)

  • Transfer of undertakings: Offer of new contracts on different terms not connected to transfer of an undertaking

    Date:

    1 October 2001

    In Ralton v Havering College of Further and Higher Education, the EAT holds that the expiry of fixed-term contracts and the introduction of new contracts on different terms following a transfer of an undertaking did not amount to a variation of contract, prohibited by the Acquired Rights Directive.