There has been much one-sided reporting of Unite being unable to legally support their disciplined members. Let's get some facts.
BA has a disciplinary procedure, EG901, which includes the right of a disciplined employee to make two appeals. The appeals will result in the sanction being confirmed, rescinded or varied.
Following several sanctions, including dismissals, Unite complained repeatedly, so BA offered binding ACAS arbitration. Here is BA's offer.
Unite and British Airways agree that if any employee who has been subject to disciplinary action (in connection with the current dispute) by British Airways and whose name appears in the confidential annex to this agreement (a 'Relevant Employee') decides to bring an Employment Tribunal claim for unfair dismissal, then as an alternative to Employment Tribunal litigation, that claim will ordinarily be dealt with under the Acas arbitration scheme for the resolution of unfair dismissal disputes.
British Airways and Unite agree that the Arbitrator's decision will be binding and before entering the Acas arbitration scheme they will enter into an agreement to this effect, to which the Relevant Employee will also be a party.
Any arbitration hearing will take place only after British Airways' internal appeals procedure has been exhausted. In any such case British Airways will have the right to approve or reject the arbitrator proposed.
The BA offer goes on to state:
Where a Relevant Employee refuses to agree to the use of the Acas arbitration scheme, or initiates any legal action whatsoever connected to the disciplinary case which is not within the ambit of the Acas arbitration scheme, Unite will withdraw all direct and/or indirect support and assistance to that Relevant Employee, including any legal support, immediately and permanently.
An Acas review of all dispute related disciplinary cases that have been dealt with under British Airways' disciplinary procedures will also be conducted. British Airways is committed to giving full and fair consideration to any Acas recommendation arising from that review. Nothing in this section will be taken or cited as a precedent for any past or future cases.
So, the fuss is about BASSA not being able to legally support a member who declines binding arbitration after having gone through BA's disciplinary procedure or who wants to take legal action outside the the scope of the ACAS arbitration scheme. It's for this that BASSA wants to prevent their members from voting on BA's offer.