i disagree JayPee28bpr. The Unite statement said
Unite, which represents 11,000 BA cabin crew, believes that the action by management was a breach of European human rights legislation, and that the concessions were withdrawn without proper disciplinary procedures being followed.
And that is really the crux of the matter. It is about selective punishment of individuals who have done nothing wrong. It is not about money, individual hardship cases because they can no longer get to work cheaply or anything else.
It is purely and simply a very basic point of principle.
The chance of success is much greater sticking to that basic principle than trying to defend someone who should have made sure cheap travel was a contractual item if you depend on it so badly.
6,000 odd individuals have been punished but for what? Going on strike, come on now. You are not in breach of contract by participating in a legal strike. You cannot be dismissed for striking (technically now of course). If you are dismissed it will be an unfair dismissal case.
So unless BA come up with a pretty good argument as to why they punished these individuals without following due process, they will in all likelihood lose the court action.