Hi ALurker,
I note that you maintain that your (BASSA's) agreements with BA are legally enforceable because
your contract says that applicable "
agreements shall form part of your contract".
Note that it's
your contract that says this. This is what you've told us your contract says:
"These Agreements together with the Collective Agreements between the Company and the Trade Unions (all known as the Collective Agreements) and the Employment guide contain the terms and conditions of employment as far as applicable to you"
Now the following quote (thanks Glamgirl) regarding legally binding contracts from post #4112
Whether agreement intended to be a legally enforceable contract.
— (1) A collective agreement shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract unless the agreement—
(a)
is in writing, and
(b)
contains a provision which (however expressed) states that the parties intend that the agreement shall be a legally enforceable contract
You'll note that in (b) it specifically states that it is the
agreement that has to have a clause saying that both parties agree that it's legally binding, NOT your
contract saying that the agreement is legally binding.
Picky, I agree. Morally? Let's not go there. But legally? That's what it says.
So what we need to know is - which of the BASSA/BA agreements state
in the agreement itself that the agreement is legally binding? (maybe they all do?). Maybe one for your union to answer?
Here's the whole of Glamgirls quote to save you having to scroll back...
179.
Whether agreement intended to be a legally enforceable contract.
— (1) A collective agreement shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract unless the agreement
—
(a)
is in writing, and
(b)
contains a provision which (however expressed) states that the parties intend that the agreement shall be a legally enforceable contract.
(2) A collective agreement which does satisfy those conditions shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract.
(3) If a collective agreement is in writing and contains a provision which (however expressed) states that the parties intend that one or more parts of the agreement specified in that provision, but not the whole of the agreement, shall be a legally enforceable contract, then
—
(a)
the specified part or parts shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract, and
(b)
the remainder of the agreement shall be conclusively presumed not to have been intended by the parties to be such a contract.
(4) A part of a collective agreement which by virtue of subsection (3)(b) is not a legally enforceable contract may be referred to for the purpose of interpretating a party of the agreement which is such a contract.
Taken from:
Disclaw Publishing - Employment Law, unfair dismissal, redundancy pay