Mr. Rigg:
Unfortunately for Unite/BASSA in my opinion, there are a few facts that will make it difficult for Duncan Holley to win on appeal (IF he appeals and I'm not sure he will) and for Unite to assert that BA has negotiated in bad faith.
Mr. Holley freely admitted in a radio interview that he made the specific choice to not show up for rostered duty...several times. He stated that he knew he was in violation of company policy but that he felt that his Union duties were more important.
Mr. Holley also revealed that he took his pension prior to the start of the strikes.
A reasonable individual could assert that Mr. Holley's actions were deliberate, made with forethought, and that Mr. Holley knew his actions would result in his dismissal.
Unite/BASSA have handed BA an excellent defense to any "bad faith" allegation.
Despite Simpson's rhetoric BA has made itself available time and time again for negotiations. In fact, Mr. Simpson's multiple assertions that BA refuse to meet, when Unite knows full well that is not the case, can be used as a defense for BA.
Mr. Simpson's stream of texts during the negotiations reveal what most professionals would identify as a gross disrespect for both the negotiation process, its contents, and participants. Try as they might to belittle this event it was a horrendously stupid stunt by Mr. Simpson and the public condemnation he has received should give him some indication of the damage he has done to his image.
The protestors appearance at the negotiation session may still come into play. You can be assurred that BA is looking into how they discovered the location of the meeting, what was communicated to them by the BASSA member who addressed them immediately prior to their appearance, and if any BASSA members were in attendence at their "protest".
The dysfunction between Unite and BASSA is an obvious roadblock to a solution in this instance. BASSA and Unite can assert a "super secret agenda of regime change" by BA but unless they can come up with documentation all they have is conjecture...much like the 20 planes at Cardiff.
Without a paper trail showing specific intent I wouldn't give an assertion by Unite of "bad faith" a snowball's chance in hades.