I think that that scenario is the one that the BACC have foreseen and wish that the BMICC avoid.
It appears we have led the horse to water. Whether it chooses to drink is up to the horse. The best move for the BMICC to make is to approach BA alongside the BACC with a joint proposal. This is not a stitch up of the BMI pilots, far from it. There is a limit to what BA will permit, based upon cost, and the BACC have a pretty good handle on that limit. Unfortunately it won't mean the most senior BMI folks jumping straight into the left seat of a BA 747 but it will ensure that you will get the best possible deal available. The only way this can be achieved is with joint discussions with the BACC
prior to approaching BA. Forewarned is forearmed and all that.
Anything else will most likely result in the BMI pilots receiving the bare minimum which TUPE requires (for example, no Bidline), which I am sure is not where they want to be - especially knowing it is avoidable with a bit of discussion.
Don't for a second think that legal challenges will work either. The BACC know from somewhat bitter experience that BA legal will have everything absolutely watertight.
