Not a final result by any means, but previously posted here:
Duncan Holley's application to Watford Employment Tribunal for reinstatement was dismissed today. Holley had applied to be reinstated pending a full hearing of his unfair dismissal claim against BA claiming that the sole or principal reason for his dismissal was his trade union membership and activities. He asked the Tribunal to order the continuation of his employment pending a full hearing of his case. BA claimed that the reason for the dismissal was Holley's refusal to go to work when rostered on a number of times in December.
Judge Ryan denied the request saying he felt it was more likely than not that BA would demonstrate at trial that Mr Holley's dismissal was because of his refusal to come to work to perform his rostered duties and his refusal to attend meetings with his manager. Amongst other things he said "The claimant is simply not entitled to take into his own hands the decision whether to work or not".
Which implies to me that it's more than likely that he will fail at tribunal if he bothers going that far - something else I'm not sure about.