Representation:-

the terms of a collective agreement (setting out minimum cabin crew numbers for BA aircraft) did not form part of the staffs' employment contracts. In this case the collective agreement therefore did not entitle the staff to an injunction preventing BA from reducing cabin crew numbers within legal limits set by the FAA regulator.

Applying normal rules of construction the question was what the parties would have intended if they had thought about the issue at the time of negotiation. It was clear that they would not have intended to incorporate a clause in individual contracts which if it were so incorporated would enable an individual or a small group of cabin crew members to bring a flight to a halt.

Editor's note: on 9th February 2011 the Supreme Court refused permission to appeal - see [2011] ICR 351

For relevant general notes go to notes on collective bargaining.