PPRuNe Forums - View Single Post - British Airways vs. BASSA (current Airline Staff Only)
Old 1st Sep 2010, 14:47
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Juan Tugoh
 
Join Date: Apr 2004
Location: UK
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Again yourself / Juan Tugoh mention future sackings of crew, if they participate in any future IA linked to any previous strikes.
Your wrong on this, all crew will still be protected
This has been done to death and the law is well established and understood.

Unless a new ballot is about a new issue, one that has not been part of the previous dispute then the crew individually be taking part in unprotected IA. (Note I do not say that BA will do this, rather that these are the ramifications should they sack you.) This means that should they be sacked by the company then it will not be automatically deemed to be unlawful dismissal. They would have to go to an industrial tribunal to establish that they had been unlawfully dismissed, and even if they win the chances of the Tribunal ordering reinstatement are slim. Even if reinstatement is ordered, and this is highly unlikely, it is not enforceable. The best that someone in this situation could hope for would be some compensation which is capped and defined by a strict formula.

The Union will also be unprotected from being sued for losses incurred by the taking of IA. They would have to prove that the issues being struck over are new and separate from any previous IA taken. Losses from the last set of IA ran at £7m a day, how long could UNITE cope with a bill for these losses? So before UNITE will sanction a further ballot, they will have to be very sure that they have a cast iron case.

As I understand the issue, only UNITE can authorise a ballot and call a strike; once started only BASSA can call off the strike. So ask yourself, for all DHs rantings and the outcome of any tub thumping on the 6th, do UNITE feel they have a brand new unrelated dispute? If the answer is no then the chances of IA are small.

On a personal level, given the current employment market, how many CC are willing to put themselves out of a job "that they love" on a gamble?

If as, Shah100 feels, you believe that all the above is wrong, then go ahead and spin the wheel. Take that chance with your life, before you do so make sure you do a little research as to what the law actually allows rather than what BASSA tells you the law allows.
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