Sam,
Thanks for putting forward a very reasoned argument.
You are absolutely right. The MTP and New Fleet affects and worries all of us, strikers and non-strikers. Chigley has very succintly pointed out that at the end of the day it could well have boiled down to who you trust: BA or BASSA? But if you read everything, and knew the law (which is what we pay the Union for) you would come up with the following conclusions:
a. Initially the MTP was offered to those who wanted it. It would, had BASSA agreed it, been the ideal time to let those that were prepared to (I would have taken it) try it. Everyone else could have sat back and watched and seen if it was beneficial or not. Why did BASSA not jump at this chance?
b. It was contractual, as Chigley has pointed out, it was stated by BF. But it also states in the Way Forward agreement that it will increase in line with basic pay. To me, that indicates a contractual agreement. If they were in any doubt, surely BASSA could have changed the wording in the agreement to ensure it was clearly stated that it was contractual. Again, why did they not do this?
c. We seem to be under the myth in our community that contractual agreements are set in stone. Unfortunately they are not.
www.direct.gov.uk
... your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the revised terms - effectively sacking you and taking you back on. Your employer would be expected to follow a statutory minimum dismissal procedure. They may have to follow a collective redundancy consultation process if they plan to do this to a group of employees.
If you don't accept the new contract - or if you've accepted the new one but feel there was no good reason for ending the old one - you have the right to make an unfair dismissal claim provided you've at least one year of continuous service with your employer. You may also be able to claim redundancy if you have at least two years service.
If there is a sound business reason for the change, and your employer has properly consulted you and looked into any alternatives, you could find it difficult to win your claim.
So, armed with the knowledge that this is what BA
could have done, I decided NOT to strike.
It appears to me that BA have been more than reasonable. They have conducted more negotiations than we could reasonably expect. They have consistently tried to keep our existing terms and conditions untouched and they have NOT simply sacked us and issued us with new contracts. Something, which quite clearly as above, they are entitled to do.
The very grave problem we have now is how long will this generosity last?
I am BA cabin crew and this is my own viewpoint and not that of BA.