Litebulbs
Agree, tribunals run to the ACAS docs first, the courts, I'm not so sure.
Whilst we are batting this ball back and forth I dont see that the court could / would decide that the crew reduction was a contractual issue, just the loss of the one down payment at best. ..and then it perhaps doesnt happen often enough, in the eyes of the court, to have become a contractual issue?
It is far from a clear cut thing for either party in my view, but I dont see that anyoutcome is really a loss for BA in any way other then a degree of embarrasement, crew levels will remain the same and the payments would cease again after 90 days, and god knows what else at that point...
If you force your employer to change contractual terms they may as well get a few more bits done at the same time perhaps?