My view is that whether an individual case goes to court or not is the decision of the individual concerned. Nothing to do with BASSA other than as a conduit to a legal team or FTO who will give advice on the merits of the claim.
By the same token the individual would have to agree to the case being used for IA. You cannot call a ballot to fight a dismissal if that individual does not want it.
Those individuals will know, whether it be conscience or advice, if their case has any chance of support.
These days asking someone to vote yes in a ballot to protect an individual is taking a large risk. The days of any solidarity have long gone. Anyone who has been through that sort of ballot will tell you how divisive it can be.
The ballot, as far as I know would have to go ahead before an ET as once the decision has been made there then the ballot would be pointless. Should the strike action not result in reinstatement then the individual(s) would still then be free to go to ET.
Of course I, like everyone else on here, don't know the details or defence of the outstanding cases.
@Snas
I agree with your last paragraph....