Now that BA have returned to profit, albeit a small one, do any of you agree that an SOSR dismissal will be harder to justify?
There is no requirement to justify an SOSR dismissal, the test in law is that the dismissal is based on a genuinely held belief by the company that it had a substantial reason that was not "whimsical or capricious." Whether the unions like it or not the company does not need to prove that their reasons are substantial, that is not the appropriate test in law. There is case evidence to support this and the legal precedents have already been set.
One thing that BA has done consistently throughout the dispute has been to consistently support the line that it believed that the changes it was imposing were required. BASSA and UNITE have failed to challenge this line effectively, and have allowed BA to have the option of using the SOSR route to dismiss if necessary. Indeed BASSA's own QC has allowed the route to remain open by admitting it is a option in open court.
The court of public opinion may differ and BASSA may gain some sympathy if BA use SOSR, but that will not make it any the less irrelevant to those who are on the wrong end of any such action.