On 11th October 2024, the High Court handed down judgment in Crabb and others v Tui, a high value claim in which a group of 8 pilots on long-term sick leave sought to argue that their employer (TUI) had acted in breach of their contracts of employment by changing their PHI (permanent health insurance) benefits.
The pilots argued that the introduction of a new (and less generous) PHI scheme amounted to a breach of: (i) various express contractual terms and (ii) the implied term of trust and confidence.
Dismissing all of the claims, the High Court held that BALPA (the Trade Union representing all pilots employed by TUI) had agreed to the new PHI benefit. Accordingly, the new PHI scheme had not been ‘imposed’ on the pilots and its introduction was not (and could not be) in breach of contract.
The ‘normative effect’ of collective agreements meant that BALPA had agreed to the changes on behalf of all pilots – whether or not particular individuals agreed or purported to reject the changes.
Alongside Ed Williams KC, Andrew successfully represented TUI before His Honour Judge Wood KC.
Read the judgment here.
