It only takes one person to challenge any "deal" done
One person with incredibly deep pockets (the holiday pay claim has taken 8 years so far!).
Risk/Reward:
Risk = Vast sums of personal wealth (as Balpa are not going to fund this).
Reward = A few places higher up a list that may be ruled illegal anyway.
Chances of success = 50/50
at best.
Yeah, go for it, knock yourselves out!!