heretic,
I cannot provide you with a link as the discussion on the topic occurred on the Balpa/BA CompuServe forum. It came to light after a private member asked what Balpa's take was on the new law. It then became apparent that Balpa didn't have a take! Pat Lawrence, one of the BACC reps, got his teeth into it and had the law evaluated on our behalf. It is now Balpa's stated position and Pat gave permission for its quotation to other members. When Head Office where asked why they had not evaluated the law and informed the members they stated they would have done prior to negotiations taking place. However if both Virgin and Britannia CC's were unaware of the now year old change then I would doubt the BACC would have faired any better. In which case we all end up negotiating without realizing that two of the biggest blocks to striking have been removed. Being Sacked and Sued. Most pilots like to be kept informed and make their own evaluations and decisions, it’s a healthy attitude for the job we do but apparently Head Office disagrees! It is certainly information you required before voting on marginal offers.
Regards,
XFO1-11
Here is the Balpa stated position.
Here is the authoritative response to the legal aspects of your questions. Feel free to quote them in the context of the general reply I gave you on PPrune.
Re: Legal Aspects of a Strike
The following legal propositions would seem to be relevant to the issues raised:
1. The general rule has, for many years, been that an employer may dismiss employees who take part in an official strike, provided that all of the relevant employees are dismissed and that none are re-engaged within a 3 month period. These provisions have been modified recently, such that there is now protection given during the first 8 weeks of an industrial dispute. After the 8 week period is over, the employer may dismiss striking employees provided the employer can show it has taken reasonable procedural steps to resolve the dispute. The remedy for an employee dismissed for taking part in the strike during the protected period is a normal claim for unfair dismissal. That is to say, it is subject to the usual statutory limits on compensation and the restricted nature of the remedies for re-instatement and re-engagement.
2. A strike is normally a breach of contract unless the contract has already been determined on giving proper notice to terminate. Thus, if the notice to commence the strike was for full contractual notice (3 months) and was appropriately phrased, the employer would have no remedy in damages against the individual employee. If full notice is not given, then it is a somewhat open question as to how any losses claimed by the employer would be calculated. If the strike was called by BALPA without following the appropriate statutory procedural requirements, then the employer could make a claim for damages against BALPA.
3. While I am sure that BA would look very closely at BALPA's procedures in calling industrial action, if the procedures are followed carefully, there is no particular risk involved.
4. The position of those who go sick when a strike is taking place is quite difficult. If the Courts take the view that individuals would have taken part in the action if not sick, then they will be deemed to have taken part in the action.
Best wishes Pat Lawrence (C747/BACC/LHLC