THE British Airline Pilots Association (Balpa) has taken a British Airways (BA) company to court over new pilot rosters which the union says have been issued without its consent.

Union bosses say BA CityFlyer managers have breached a collective agreement not to require pilots to be on duty between 2am and 5am.

Balpa claims that the decision to issue the rosters to pilots, which was without prior agreement and “in the face of the express objections” of the union’s company council, amounts to a breach of its contract with BA Cityflyer.

The union’s lawyers state that BA Cityflyer’s pilots’ contracts expressly state that “collective agreements entered into between Balpa and [BA Cityflyer] form part of pilots’ terms and conditions of employment.”

They add that the contracts require that where the company wants to depart from the terms of its agreement with Balpa it must obtain the “prior agreement” of the union’s company council.

But lawyers for BA CityFlyer, which disputes the allegation, said that the new rosters only require pilots to turn up for work between five and 20 minutes before 5am.

They also allege that pilot dissatisfaction over pay underlies the dispute and that the company is aiming to avoid delays.

The dispute reached the High Court on Friday, where lawyers for Balpa sought a declaration from the court whether pilots would be in breach of contract if they were to refuse to undertake night work under the rosters, which Mr Justice Butcher did not make.

A trial could take place in the near future.