The whole argument here is down to semantics.
BASSA and their lawyer stated that 'You cannot legally be sacked and during official industrial action you are protected by law'.
Quite correct.
The problem comes with the fact that you CAN be 'illegally' dismissed for breach of contract even if the IA is legal. The only fly in the ointment for BA is that, in those circumstances, BA must go to tribunal. With the seeds of SOSR already sown it would be a brave CC member who went down that route.
The argument comes that BASSA have dealt a 'definitive statement' that is, in actuality, incorrect.
So, who would you trust? Catch 22?