Ed Williams KC successful in significant Court of Appeal decision on collective bargaining and employment contracts

Image of Ed Williams KC

Cloisters' Ed Williams KC, leading Andrew Edge of 11KBW, successfully represented TUI Airways in the Court of Appeal, defeating a multi-million pound claim brought by pilots concerning changes to their income protection benefits.

The Court of Appeal's judgment provides important guidance on the extent to which collectively agreed terms can amend individual contracts of employment. The Court considered the interaction between contractual provisions incorporating collectively agreed changes and an existing clause preventing unilateral changes to permanent health insurance benefits, ultimately concluding that the collective agreement was effective in the circumstances of this case.

In addition to considering recent Supreme Court authorities on the relationship between trade unions, employers and employees, the Court of Appeal's judgment provides important guidance on how employment contracts can and cannot be varied. It also contains significant observations on the purpose of collective bargaining, recognising that there may often be both winners and losers, a "possibility which is inherent in any system of collective bargaining."

This is an important decision for employment and trade union practitioners and is likely to be a leading authority in this area for years to come.

Ed was instructed by Dentons.