If the legal case as laid out by A Lurker was a s simple and clear cut BA would be stupid to continue with this court case. So one has to deduce that the case is not as clear cut as the explanation given would imply.
Even if it is and BA lose in Feb, when the Judge will decide whether or not BA or BASSA/Unite are correct in their thinking, what will be the outcome?
Well firstly there will have to be a return to the pre-imposition crewing levels, but where will these crew members come from and on what contract will they be employed? New Fleet is the only available solution.
BASSA will claim that for every time a service departed that the crew members aboard are due a payment for departing with a reduced crewing level. Well that I suspect will be the subject of another long and protracted court case.
BF has stated that any costs incurred as a result of IA etc will mean that the savings required of IFCE will grow by an amount equal to the costs incurred by the IA.
So if BASSA win, they hasten the arrival of New Fleet and the savings it allows BA. Crew have no contractual or agreements that dictate which routes they are rostered so expect to see the lucrative trips going to NF quicker if BASSA win.
Worse still, as mentioned the savings required of IFCE increase. Where will these savings come from? CR perhaps, the HR1 lodged with DWP still stands for up to 2000 CC members.
If BASSA win , they lose. If BASSA lose curiously enough then NF will still happen but at a much reduced rate and no CR. This current IA ballot can be simply sidestepped by getting an injunction till the court case is heard and the matter decided by the judge hearing the case in Feb.
There is no real downside for BA in this, BASSA are risking everything.