Here is somethin from Unite tonight:
As you will now be aware, today's High Court ruling was not in our favour
and as a result, the Judge did not grant the permanent injunction we
sought. However, our case is far from over. This was simply `round one'.
Our legal team are intent on proving that the crewing level aspect of our
agreement does indeed form part of our contract of employment. To that
end - we are now taking advice from them about the next stage.
Win or lose today - there was ALWAYS going to be a round two - and the
parties were always going to be the same. This is simply the FIRST and
necessary step in our legal battle, in addition to, but entirely separate
from, your right to respond to these impositions in the current ballot -
due to close on Monday.
There are some extremely positive points that you must bear in mind before
you form any erroneous conclusions - especially those proffered by the
media and any predictable company spin.
The Judge did not call our case "nonsense" and certainly did not "throw it
out".
Significantly, Judge Christopher Holland, having delivered his judgment in
person this morning, conversely conceded that he may actually be wrong
about some aspects of his ruling - and that we may wish to appeal. It is
extremely unusual for a trial Judge to grant leave to appeal his own
ruling, but not only did he grant it - he granted `expedited' leave to
appeal, RIGHT THERE and RIGHT THEN! Neither, interestingly, did he award
British Airways costs.
In addition, the Judge was sympathetic in his ruling about the factual
issues of our case. He found and accepts that flying with less crewmembers
means more arduous work for crew and increased stress, exhaustion and
frustration. British Airways cannot appeal such a finding - and therefore
have to live with this fact - having previously tried to mitigate and
play-down the extra workload you now have.
We have strong grounds for appeal on several other legal points - one in
particular which was hardly even addressed in Judge Holland's ruling. Our
legal team are confident about our appeal - and are already busy drafting
the main grounds. In addition, having been granted leave to appeal on two
specific legal points - Mr Hendy QC is seeking to expand our appeal to a
third significant legal point - which can only strengthen our position.
Since we have been granted special `expedited' status, we are anticipating
a hearing date between March and May 2010.
In the meantime, talks with British Airways continue in to next week at
the TUC. We shall of course update you of our progress.
I wasn't shocked about the cort ruling, but Im shocked at that statement (above). Im startin to think Unite has been taken over by aliens from annother plannet.