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Old 19th Feb 2010, 14:34
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Meal Chucker
 
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para 39 of the judgement gives a real insight into the negotiations at ACAS

the now undisputed fact is that BA was then in a very serious financial state, such that management reasonably had urgently to do something (and had to be seen to do something) in the interests of the Company, its employees and its financial backers. I have further taken into account the now undisputed fact that as at the 6th October negotiations with the Union had come to a halt, notwithstanding the efforts of ACAS, and were unlikely to restart unless and until the internal factions of Unite had resolved their differences so as to form a negotiating team. It is thus, that I find that it was objectively reasonable in the prevailing circumstances to act unilaterally and to make the first change to XXXX's predicated contract, that is, to impose a cabin crew complement other than by way of a collective agreement.
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