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Malone and others v British Airways plc

This report relates to 1 case(s)

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    Malone and others v British Airways plc [2010] IRLR 431 HC (2 other reports)

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

      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.

    • Case round-up

      1 March 2010

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

breach of contract | incorporation of collective agreements | injunctions

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.