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Old 9th Dec 2007, 12:40
  #171 (permalink)  
scoobydooo
 
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VS_LHR saying, "At the moment the strike vote is too weak", we really dont know what it is.

Regarding office based person sacked for posting info in the public domain, maybe they didn't have adequate union representation, I know I would challenge any such finding, especially if it could be proved the information was in the domain already (e.g. v-flyer), I would suggest said ex employee seeks legal advice.



tin tin, Interesting thoughts, in response;

If a number of union members were sacked for whatever reason the company made up (appraisals and performance monitoring would be hard unless someone had a poor history and I envisage they would no longer be with us anyway). It is more than likely it could be proved that these steps were taken against union members then it would be automatically unfair dismissal (less than 8 weeks) and clear discrimination against an employee for being a union member .


If discrimination was proved (wouldn't be hard mass culling of union represented employees) the claim for discrimination as your correctly stated is unlimited. Just as Balpa would I would imagine Unite (T&G and amicus) would go to town on them, the unions would make an example of any employer to show that an employer may not discriminate union workers (after all it would be attacking the very thing that both the unions are there to protect and it would also threaten their revenues i.e. what would be the point in being a member of a union if a company could do this), I imagine it would all be done on a very high profile basis too.


Damages awarded would not be limited and I imagine the mess would be far worse and detrimental to the company.


Furthermore if they did wield their axe in such a manner and aggressively unfairly dismiss any employee they could not selectively re-employee ANY of those individuals , all or nothing or automatically it would be further fodder for all individuals to claim unfair dismissal.


I imagine compensation would far exceed the value you have mentioned if such a blatant attack on UK employment laws rights was carried out and this paragraph which you failed to mention would be exercised propbably costing the company significantly
Some types of cases can attract special compensation such as, if the reason for the unfair dismissal was related to trade union membership or action taken to avoid a dangerous health & safety situation.
Compensation may be increased or reduced if either party failed to follow the statutory dismissal and disciplinary procedure.
source http://www.thompsons.law.co.uk/ltext/l1020001.htm

As to would they,who knows but a company that cant crew flights adequately now would be in trouble if they started culling more, reputation would soon turn to mud as services could not be carried out to the expected standard. and they would be sailing into very dangerous waters.
I'm no lawyer though.

Last edited by scoobydooo; 9th Dec 2007 at 15:11.
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