BA Strike - Your Thoughts & Questions IV

[GrahamO]

If I may, I am no lawyer but it clearly states the conditions for unprotected action here (perhaps you missed it);

Taking part in industrial action : Directgov - Employment

Approximately halfway down it states "If you continue to take part in protected industrial action for more than 12 weeks your rights are different. If you are dismissed for taking part after the end of the 12 weeks your dismissal will only be unfair if, at the time of your dismissal, your employer has not followed reasonable steps to settle the dispute with the trade union."

BA negotiated with UNITE and had an agreement with the union - this is not in doubt. The union members rejected that agreement (as is their right). BA have offered to have talks with UNITE and thus far nobody at UNITE has picked up the phone. BA do not have to pick up the phone, just to act reasonably. Note that BA have to show reasonable steps to settle the dispute with the UNION, not the members and not a branch.

BA has followed reasonable steps to settle the dispute and so any action would not be protected..... IMO. The law is very clear, but I concur that a court will decide, or as personally believe, confirm that BA have been reasonable, and that action is unprotected.