Contracts: Agreement as to crew numbers not incorporated into contracts

In Malone and others v British Airways Plc [2011] IRLR 32 CA, the Court of Appeal held that the provisions of a collective agreement that purported to set "minimum" cabin crew numbers for different routes and types of aircraft were not incorporated into individual employees' contracts of employment. The provisions amounted to a collective undertaking to operate with minimum numbers so as to protect jobs and guard against excessive workloads, and were binding in honour only.