The legal finding was that the error of procedure was entirely and easily avoidable. BASSA knew about the error and willfully continued on its course of action without any care as to the legality or otherwise of the ballot. There was nothing wrong with the law or the way it was interpreted by BA, only BASSA and UNITE failed to understand the importance of conducting a legal ballot, which is a little odd for a union, particularly UNITE who should by now know how to carry out a ballot.