is a UK labour law case, concerning the construction of terms in a contract of employment.

Facts

British Airways reduced the number of cabin crew on their planes, above those required by law but below the level stipulated in a collective agreement, subject to a ‘disruption agreement’ requiring crew fly with one less member during disruptions and getting compensation. Section 7.1, entitled, "Minimum Planned Crew Complements" said, Miss Malone’s contract said the collective agreement was incorporated. Malone argued the section was apt for incorporation because it affected the crew’s working conditions. The Judge, Sir Christopher Holland held that those provisions were not apt for incorporation, and that even if he had found they were, he would not have awarded an injunction to enforce it because the balance of inconvenience weighed heavily against.

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IRLR 431;

EWHC 302 (QB) The crew appealed.

Judgment

Smith LJ, for the

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

held that the provisions were not aspirational, they were definite undertakings, but not an undertaking to individual employees. If it was individually enforceable, it would be ridiculous because then an individual could bring a flight to a halt by refusing to work under the contract terms. It was only binding in honour.

Ward LJ Sir Alan Hylton Ward (born 15 February 1938) is a former judge of the Court of Appeal of England and Wales. Early life and education Ward was born and raised in South Africa and practised as an Attorney of the Supreme Court (solicitor), occasiona ...

and Jackson LJ concurred.

Notes

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References

* United Kingdom labour case law British Airways litigation Court of Appeal (England and Wales) cases 2010 in United Kingdom case law United Kingdom employment contract case law