BA's lawyers thought they had a good case when they lost at appeal last time....
One of the reasons that only a fool says they know the law is that it changes so frequently and in this field so much is based on case law.
Of course it's about a punishment for doing something lawful. BA may have messed up by just withdrawing it from the strikers. That could be seen as punishment for taking part in legal strike action. What was withdrawn is irrelevant.
I think Litebulbs has been trying to convince folk of this for a while now.
As my crystal ball is broken I won't guess at the outcome, but, it should be interesting whichever way it goes.