The Virgin Strike Thread (Merged)

[scoobydooo]

Quote:
oh but hang on thats unfair dismissal if the company hasnt taken reasonable steps to settle the dispute, so, in short we keep on striking and any dismissal is unfair until the company takes reasonable steps.
VS have made every effort to meet the demands of the cabin crew, hence why the union have been recommending their offers.

The law does not require Virgin to make any further offers. They can show that they have already negotiated with the union.

We discussed this before, since then I have found documents which lead to the conclusion that it is negotiations post ballot/industrial action. Quote below is from http://www.publications.parliament.uk/pa/cm199899/cmstand/e/st990309/am/90309s01.htm

Why choose eight weeks? I think that the hon. Member for Eastleigh (Mr. Chidgey) and some Conservative Members asked that question on Second Reading. We want to set a period that allows reasonable time for parties to resolve their dispute and so avoid dismissals. In our judgment, eight weeks gives enough time for detailed and serious discussions to occur, possibly involving third parties such as the Advisory, Conciliation and Arbitration Service.


Some employers might not use the eight-week period to try to find a settlement. They might sit on their hands and do nothing. Workers must have redress in those circumstances, so clause 15 also gives employees a right to claim unfair dismissal if they have been dismissed after the eight-week period and employers have not engaged in procedures to resolve the dispute.

Those new protections will apply only to industrial action that is official and lawfully organised. We will therefore create a dual set of obligations on the parties. Unions must organise the action in accordance with the law, including the detailed provisions concerning notice and ballots. If they do not, the rights will not apply, which means that employer scan, without the fear of tribunals against them, dismiss those taking unofficial action. Employers are obliged to begin serious negotiations with the union before they can fairly dismiss.