The Court of Appeal has held that the terms of a collective agreement agreed between British Airways and the union had not been incorporated into individuals’ contracts.

BA had reduced the crew complements on its aircrafts below levels previously agreed. The Court decided that, although the provisions impacted on working conditions and aimed to protect employees from excessive work demands, the parties could not have intended them to be incorporated into individual contracts due to the “disastrous consequences” for BA if individuals decided to enforce the provision.

Malone and others v British Airways Plc