BA Strike - Your Thoughts & Questions IV

[VintageKrug]

he links illustrated BASSA's history of intransigence, on a matter (WT+ Hot Towels) which has almost mythical status, but which many people believed was mythology. It was not meant to spark yet another irrelevant debate.

Moving on to the very valid point of "connected/protected" strikes:

Originally Posted by HM Govt.

Official industrial action organised by a trade union is 'unprotected' if:

1. the trade union has failed to hold a postal ballot in-line with the law
   
2. the trade union has not told the employer, in-line with the law, about the industrial action ahead of a ballot or ahead of the industrial action
   
3. it has been disowned by the trade union (e.g. because someone without authority called for the action, or because the trade union considers the dispute to be resolved), sometimes called 'repudiated action'
   
4. it is secondary industrial action (in support of workers of another employer), sometimes called 'sympathy action'
   
5. it promotes ‘union labour only’ practices (also known as a ‘closed shop’)
   
6. it is in support of any workers who have been dismissed for taking unofficial action
   
7. other aspects of industrial action law have been breached by the trade union

If you are dismissed while taking part in unprotected industrial action called for by your trade union, you cannot normally claim unfair dismissal if all the other employees taking part are dismissed as well.

You can complain about unfair dismissal if you are dismissed:

1. for an automatically unfair reason (eg because of your duties as a health and safety representative)
   
2. while taking part in the industrial action but others taking part are not dismissed
   
3. for taking part in unprotected industrial action, after you stopped taking part

Just because you can make a claim for unfair dismissal does not mean it will be successful.

Taking part in industrial action : Directgov - Employment

If you read the astonishingly high number of reasons for this ballot, you will note the BASSA Muppets even managed to include the phrase "related to the original dispute" in the reasons. So it's 100%, incontrovertibly a connected strike on those grounds, and likely also on other grounds as well (specifically point 6, and especially relevant once Holley's judgement is made public).

No protection from dismissal will be given to those striking; even of BASSA does not believe this, it has a moral imperative to inform its members of the potential risks.