PPRuNe Forums - View Single Post - British Airways - CC Industrial Relations Mk V
Old 28th Jan 2010, 18:49
  #3409 (permalink)  
cheeky chappy
 
Join Date: Jan 2010
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How about the following as a likely BA plan:

Court case in February, BA likely to win.
Fairly strong yes vote for a strike.
BA point out to BASSA that ballot is illegal, same reasons as before.
BA do not however go to court to prevent strike.
Strike starts some time in March, but not over easter.
BA immediately sack strikers, and anyone calling in sick.
Strike over almost before it starts.
Sacked CC take BA to tribunal for unfair dissmissal.
BA now challenge legality of strike, then contest the unfair dissmissal claims. BA may lose but the process could take years, and meanwhile, those sacked are still unemployed.

This won't happen because any dismissal is illegal in the 12 weeks of industrial action so long as it is protected strike action. Protection is only possible where a proper secret ballot has been conducted in a 'lawfully organised' way. The employer cannot sue the union, and striking staff are protected from dismissal for a period of up to 12 weeks.

So, if strike action starts on 1 March, protection ends on 24 May.
It may be unlawful for BA to sack you within 12 weeks but that doesn't mean it couldn't happen.
All it means is that BA would face an industrial tribunal which would most probably take a year or more to resolve and which they may or may not lose. If they do lose they would have to pay you some compensation which would probably be less than the wages you would've earned.
Keep in mind the fact that during this time you may not be able to find yourself a new job and even if they lose the tribunal they are not obliged to offer you your job back.
Of course if the ballot was found to irregular like the last on it wouldn't even be unlawful to sack you.
It's not a position I'd like to find myself in...
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