New posting on Unite website:
We have received many requests for clarity surrounding the return of staff travel to strikers from 26th October 2010.
Specifically, those questions centred upon the appearance of some word which appear during the login process to the staff travel system. We have therefore sought legal advice and this is provided in summary as follows:
We understand that BA require members to signify agreement to the following terms before being able to use their staff travel entitlement :
"Staff travel is a non-contractual and discretionary benefit granted at the sole discretion of BA and as such can be withdrawn or varied at the sole discretion of the company at any time."
We do not definitively know whether or not this wording was put forward by BA prior to or following the current dispute. As such, at this time the issue is not clear cut.
Members are concerned at the implications of agreeing to this statement. We understand that there is concern that, by consenting to this statement, members will weaken their ability to claim that staff travel is a contractual right and/or preclude themselves from joining the High Court action against BA, or even the case being brought against the UK government in the European Court of Human Rights.
The Union's legal team has already advised that it would be difficult to establish that every members' staff travel entitlements amounted to a contractual right. However, the statement appears to claim that BA have the right to vary and withdraw these entitlements at their sole discretion. This is potentially harmful to the membership's ability to participate in legal proceedings in the High Court. It should not affect the European Court of Human Rights case.
Members who want to pursue claims for past staff entitlements lost due to the dispute should not be prevented from supporting the High Court action by signing the statement now or in the future. Those members who do sign, may be prevented from pursuing claims for future loss of staff travel if they accept BA's wording.
How they don't know that the ST wording has not changed for a number of years illustrates their total ignorance or stupidity and is beyond belief!