Recently on the PPRuNe Cabin Crew forum I read that the following had been posted on the BASSA website:
“Unite have also instructed our legal Counsel to progress and submit our application to The European Court of Human Rights for the removal of staff travel as a result of taking part in lawful industrial action. Together with our lawyers we are working through the paperwork and other details you have assisted in providing in response to our recent email, and in respect to the other claims this issue raises. We hope to be able to provide you with a further update very soon.”
Reading that it appears that BASSA is NOT pursuing legal action in the UK courts. And the posts by many BASSA supporters (a.o., Ava Hannah) indicates that in the absence of relevant UK law on the subject matter, they are relying on the ECHR to regain ST.
But on another forum on BA matters, the following comment was posted:
"There are, of course, all sorts of problems in the way of the argument. Not least is the requirement that before you go to the ECtHR (where the respondent is the government, not the employer), you must have exhausted all your domestic remedies. Here, BASSA hasn't even started to invoke domestic legal procedures on this issue. That will take some explaining.”
If BASSA were to be honest (an oxymoron), that “further update very soon” will not be a positive one.