Juan's post is a very accurate possible scenario.
I do hope that it is freely available on the BASSA web-site, all BA CC web-sites, and that all reps are reminding staff about it.
I say that as there is another bit of law that needs to be factored in. All reps have a duty of Care to all of the people that they represent.
If a rep told me the sorts of terminological inexactitudes that are being put on this thread, and I found out that they even vaguely suspected differently, and if I suffered a loss - I'd be after that rep in court pdq.......and I'm saying that on advice from a Unite National Full Time official.
As to the Total case, it was so different as to be not comparable in any way. To start off with Total were not the employer af anyone involved. They were all - everyone of them - employed by contractors.