Quote: "I cannot speak for Strikers but maybe it is not the Staff Travel but the unfairness in their eyes of it's removal that drives them on. Some of them would like their day in court because they want to prove to everyone that Willie Walsh should not have punished them by removing it. Also some, not all, of suspensions and dismissals are seen as over the top also."
I agree with the comment above.
The legal issue around the removal of ST could seriously damage WW and BA in this dispute. Contractual or non-contractual is not the real issue here, the Judge will have to assess only and exclusively if the ST removal was done as retaliation against legal strikers for participating in the strike or not. This will be the legal point.
The law on strike discrimination and punishments is very clear and an Employer can never discriminate legal strikers for their legal strike action, directly or indirectly. Otherwise the legal right to strike is obstructed.
I do not think BA has got a chance to win the ST legal battle if the Law is correctly interpreted by the Judge.
This specific Law was actually introduced by the Law makers with the specific intention to allow legal striker to go on a "safe" strike without risks.
Very easy to understand I think.