Jockster:
The company has agreed a holiday payment for the former BMI pilots (as non-claimants). Are all of these pilots BALPA members? If not then queue 'unequal treatment' claim by non union BA pilots
Holiday pay "going forward": BA do have to treat them all equally from the settlement date, in a union or not.
"Back Holiday Pay": As GS-Alpha has said there is is no requirement
in law to pay "back holiday pay" to non members covering the period from the start of the legal proceedings until the settlement, since those pilots were not involved in those proceedings - they were not named as claimants.
GS-Alpha
Whether they are legally forced to provide back pay or not, a fair employer would, and that's why I think BA will. Despite what a lot of people seem to think, BA is a very fair employer.
I'd agree that in some areas BA are more fair than many people give them credit for, but the board has a duty to shareholders and a bottom line to consider. They are now facing a very large bill (tens of millions STG) and if they can still legally avoid paying some of it......though tactically it might suit them to pay everybody and then plead broke when it comes to the annual pay round
