Originally Posted by
Colonel White
If BA had not warned cabin crew up front what it intended to do if a strike took place,but had withdrawn staff travel after the industrial action had commenced, then it would be seen as punitive action, but the very fact that staff were warned well in advance meant that they acted in full knowledge of the consequences. Thus it was not punitive but consequential.
But the question is whether BA have the right to do what they did. If it turns out that the right to strike, is a UK right, then it would be unlawful to take action to stop individuals exercising that right. It does not mean that BA would have to return ST, but they may have to compensate for a potential unlawful action.