Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employee relationsIndustrial action / strikes

Unite takes British Airways to High Court over cabin crew cuts

by Kat Baker 2 Feb 2010
by Kat Baker 2 Feb 2010

The Unite union has taken British Airways (BA) to the High Court in an attempt to secure an injunction against the airline’s cuts to the number of crew on flights.


In November, BA imposed the changes which cut the number of cabin crew by the equivalent of 1,700 full-time jobs in a bid to save £140m a year in cabin crew costs. But Unite has claimed it was not consulted properly about the cuts, and hopes to bring a halt to the money-saving initiative through a permanent injunction.


Unite initially took BA to court on 5 November to seek an interim injunction to prevent the airline from introducing the changes, but the application was refused. The judge did however order a trial to investigate the alleged breach of contract by BA in imposing the reductions, which is now being heard in the High Court.


BA has said it is entitled to reduce cabin crew numbers on board its flights as these are not terms of individual cabin crew members’ contracts.


But Unite said BA was in breach of contract by imposing the changes because the existing crew levels were fixed by collective agreements with the unions and were “expressly incorporated” into individual contracts.


The five-day long court action will investigate 10 test cases representative of about 5,400 claimants who were among the 13,400 cabin crew employed by BA.


John Hendy, acting on behalf of Unite, told the High Court judge: “The question before you is whether BA was contractually entitled to reduce crewing levels unilaterally or whether they needed agreement before doing so.


“BA’s case is that collective agreements are incorporated into the contracts of employment, but the principal defence is that the term which specifies the number of crew is somehow inapt for incorporation.


“We say on behalf of the cabin crew that the number of workers allocated to a job is no more inapt for incorporation than hours of work or rates of pay.”


A BA spokeswoman said: “A High Court hearing, initiated by Unite, begins today to examine the issue of whether onboard crew levels form part of the individual contracts of cabin crew. We have always said we believe they do not.”


Philip Henson, head of employment law at City law firm Bargate Murray, added Unite was using its latest High Court challenge to restore its reputation following BA’s successful injunction against its strike ballot in December.


Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

He said: “The public declaration by the High Court in December last year that Unite breached statutory balloting requirements would no doubt have bruised the ego of the union; and many are viewing this trial as a means of fighting to restore its credibility, which may have been diminished with its members.”


Unite is currently 12,000 cabin crew for strike action, with the result of this ballot due on 22 February.

Kat Baker

previous post
Smoking ban extension will include workplace entrances
next post
Flexible working extension to right to request unlikely in near future

You may also like

Unions ponder strike action after public sector pay...

23 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

‘Polygamous working’ is a minefield for HR

14 May 2025

Nurses threaten strikes if pay demands not met

12 May 2025

Resident doctors to ballot for strike action

2 May 2025

Ofgem workers ballot for strike action

2 May 2025

University of East Anglia set for nine days...

2 May 2025

Unite announces further Gatwick airport strikes

2 May 2025

Employment Rights Bill must be tightened to protect...

1 May 2025

Acas hosts talks to end Birmingham bin strike

1 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+