Interesting this.
As someone who is (sadly) involved in lots of these, it emphasises that someone needs to get a grip of our employment laws - it seems that every line manager needs to have an employment lawyer tucked away in a cuboard in case of emergencies.
That said, as an outsider, I think that BA have handled this in an exemplary manner given the difficulties that they were presented with - but do BA's disciplinary processes really need two appeals? Rod for back springs to mind.
The minority judgement is really puzzling - it seems to me DH was seeking martyrdom. And I am surprised that DH didn't make more of his 'pychological illness' and claim it as a disability that BA failed to take account of when they considerd his behaviour!! (I'm not sure how effective a CSD this would make him either???)