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Scope of statutory collective bargaining
In British Airline Pilots Association v Jet2.com Limited the High Court has commented on the scope of statutory collective bargaining.
It held that this is limited to negotiations concerning contractual terms which relate to the central terms of employment i.e. pay, hours and holidays. It held that there was no obligation to negotiate on any wider areas that these. Consequently an airline was not obliged to negotiate with the recognised trade union regarding rostering arrangements; and only those aspects of the rostering policy which related to the core terms of employment and were appropriate to incorporate into its contractual terms, would fall within the scope of the trade union’s recognition.
The High Court also held that the airline did not breach its’ bargaining obligations in announcing its intentions with regard to pay increases before the negotiations with the unions commenced.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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