PPRuNe Forums - View Single Post - BA CC industrial relations (current airline staff only)
Old 7th Mar 2011, 06:16
  #3371 (permalink)  
Juan Tugoh
 
Join Date: Apr 2004
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Sporran

any such action would be found to be unfair dismissal if it has taken place during PROTECTED strike action
This is not the case. Taking strike action outside a protected period does not mean that any dismissal made will automatically be unfair. What the legislation does allow for is that any subsequent ET will not automatically rule that the dismissal was unfair. If, as Litebulbs is suggesting (at least I think this is what he is getting at - LB forgive me if I have misinterpreted) is that the company would still have to follow a disciplinary procedure before a sacking takes place. Without looking at BA procedures I suspect there would first have to be period of suspension while the case was examined ( I have no idea whether BA's procedures allow for this suspension to be without pay).

For these and many other reasons I do not believe that sackings will occur. I do believe that BA will go after UNITE for costs. If BA really want to deal with BASSA then the suggestion above of an SOSR settlement with the new contract being the last offer made,the one that BASSA would not allow their members to vote on, would be far more likely. BA have certainly done enough for a court to accept an SOSR settlement as reasonable (reasonable in law that is). It would also allow the genuine believers on the BASSA side a chance to stand by their principles and refuse to sign the new contract - BA needs to sack no-one.
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