Quote: "This used to be the case in English law - and the test was that of the "reasonable man". The "reasonable man" was even defined as the man on the Clapham omnibus. European law has changed things as the intent of the law makers may not be clear given the differing native languages of the drafters of the legislation. This has drip fed into English law such that the letter of the written law can now be more important than the drafters intention and the "reasonable man". "
I agree with the above comment, you are right about the languages risks but I know for sure that UK Judges have extremely bright minds.
We cannot even slightly guess what would have happened if AF, IB or AZ would have withdrawn ST to their legal strikers...
Quote: "With regard to SOSR and a 90 day contract. Wouldn't BA have to issue this to its entire CC on the same contract, not just cherry pick who was to be issued with the notice?"
It is the same legal point as ST: by the Law BA would have to issue this to the entire group on same contract, it cannot be done directly or indirectly as retaliation against IA targeting only a "guilty" group.
As long as a strike is legal each employee should feel free to participate to it being fully aware of the "penalties/losses" specifically provisioned by the legislation.
