Am I missing something here? Can these crew really be dismissed for having taken part in IA that they understood to be legal at the time, but has been subsequently proved to be illegal after the event? Surely it is the union who must bear the brunt of retributions given it was their c**k up?
Interesting one this. Presumably if cabin crew who went on strike in March were sacked (I am still not sure whether this could happen yet or only after a full trial hearing to examine BA's claims) then they could sue Unite/BASSA for damages including loss of earnings. It is, after all, entirely the union's fault that the individuals are in this position.
Moreover, although there might be limits to the amount that an employer can sue a union for, I don't believe there are any limits to the amount a union member can sue his or her own union for.