If BA notifies Unite that it will make a claim for any damages incurred from the date a strike is called would Unite call a strike...
Do BA have to give notice of their intention to seek damages from UNITE if a strike goes ahead? Or, can they wait to see whether the strike really does happen?
I wonder if BA might keep their powder dry for a little longer, and leave UNITE and BASSA worrying what the next BA move might be. If some CC do strike, and BA are confident in their belief that the strike is unprotected, then BA presumably could dismiss the individuals one-by-one as they failed to muster for a rostered duty. And, as others have pointed out yonks ago, even if it were subsequently shown in court that BA was offside, they don't have to re-employ the dismissed staff, merely pay them a modicum of compensation.
Whether BA then would sue UNITE for damages is a moot point. IMO, BA could just leave UNITE sweating the big drop that they might be subject to a law suit, but not actually go that far, lest they risk alienating other UNITE members who work in other parts of the Company.
There’s no need to tell the Generals mustering their army on the other side of the hill exactly what your strategy and tactics are going to be...