Many people believe the world is flat despite evidence to the contrary. Even when presented wth photo's taken from space they deny it.
A cursory reading of the 10 points raised in the latest BASSA in common old plain English, reads to me like items 1 2 and 3 are clearly related to the first dispute, given away by use of the term "related to the original dispute" on one item. Item 1 refers to events which occurred as a result of the first strike, as does item 2.
FWIW, Item 4 is a general point, 5 is emotive and unspecific and cannot be addressed as it represents opinion of one party over another when there is no cardinal test in law, item 6 is laughable but probably unrelated to the first strike, item 7 to 10 - no idea if they are related to the first strike however ridiculous I may feel they are.
When one party is being unreasonable to the man on the Clapham Omnibus, in its demands (viz items 6 to 10), the effect is to lower the bar for the employer to show he has been reasonable, evidenced by the clear unreasonable demands of the union. Thats how judges and courts react - the law favours reasonableness in general and someone demanding the world be turned upside down before agreeing to anything else is likely to be harming their own case. IMO this is why UNITE are holding BASSA back - they know that the reasonableness test will fail.
I respect your views Litebulbs, but there a really are too many Flat earthers out there - and FWIW I wholeheartedly agree that the courts throwing out the recent BA case was the right result The union won because it was reasonable and BA were not.