British Airways - CC Industrial Relations & Negotiations
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BBC SPORT | Football | My Club | W | West Ham | Curbishley wins case over Hammers
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The law appears to have worked ok for this man, will be interesting to see how much cash he gets, good luck to him.
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The law appears to have worked ok for this man, will be interesting to see how much cash he gets, good luck to him.
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I cannot see how he can sack striking crew without offering them their jobs back with compensation providing the strike is legal.
I am married to a senior union rep in a different industry and I am told that strikers cannot be sacked for striking if the strike is deemed legal (which it would be if it gets that far) if strikers are sacked they may well have to go through the courts and would get compensation and/or their jobs back.
I think the fact that they may well be able to get their jobs back is the issue here.
I am married to a senior union rep in a different industry and I am told that strikers cannot be sacked for striking if the strike is deemed legal (which it would be if it gets that far) if strikers are sacked they may well have to go through the courts and would get compensation and/or their jobs back.
I think the fact that they may well be able to get their jobs back is the issue here.
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Fingers crossed then that the cabin crews unfair dismissal case is heard by a Premier League managers' arbitration tribunal and not an employment tribunal.
Jean-Lill - a UK employment tribunal has no powers to force an employer to re-employ someone. As has been said before, they can only order damages to be paid, and those damages are capped at about 2 years income for a longhaul purser in BA.
Jean-Lill - a UK employment tribunal has no powers to force an employer to re-employ someone. As has been said before, they can only order damages to be paid, and those damages are capped at about 2 years income for a longhaul purser in BA.
Junior trash
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I think this is the only place ever where people go on about getting the sack if you go on a strike. You CAN ONLY GET THE SACK IF IT IS DONE ILLEGALLY!!!! Legal industrial action is JUST THAT LEGAL!!
From the UK Government dept of business website
The consequences for employees of taking industrial action
Employees who take industrial action will know that there may be damaging financial consequences for them, since they are unlikely to receive any pay if they withdraw their labour. They should also be aware that they are putting their jobs at risk.
An employer may take various measures, up to and including dismissal, against any employee who takes industrial action. An employee who is dismissed by his employer while taking industrial action may lose his right to claim unfair dismissal.
Employees who take industrial action will know that there may be damaging financial consequences for them, since they are unlikely to receive any pay if they withdraw their labour. They should also be aware that they are putting their jobs at risk.
An employer may take various measures, up to and including dismissal, against any employee who takes industrial action. An employee who is dismissed by his employer while taking industrial action may lose his right to claim unfair dismissal.
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I think this is the only place ever where people go on about getting the sack if you go on a strike. You CAN ONLY GET THE SACK IF IT IS DONE ILLEGALLY!!!! Legal industrial action is JUST THAT LEGAL!! The laws are made so it is very very hard to go on strike, that much is very true, and that is why there is a long procedure in place so done correctly and to the book it is perfectly legal. Quoted by my lodger who has a 1st class degree in Employment law. 
I can assure you, as I have a 1st class degree in employing people, that I can sack any of my employees at anytime. I however have to be prepared to justify that sacking at a subsequent tribunal, and to be prepared to pay out if I am in the wrong. (I've done it in the past.)
WW may find it a very worthwhile risk/investment to sack a few of the first to strike if he thinks he can break a potentially expensive strike by doing so.
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We have fought long and hard to voice our rights to strike and it cannot be taken away.
As I stated nobody listen these people on here. A legal strike done correctly cannot and will not result in dismissal. We are workers we have a union for a reason. I worked with a someone who was ex ground staff and they walked out, yes it is scary but thankfully she now knows no fear for going on strike. We live in a democratic country and we have the right to fight for our rights as workers. Industrial action done correctly and properly is our right!!
As I stated nobody listen these people on here. A legal strike done correctly cannot and will not result in dismissal. We are workers we have a union for a reason. I worked with a someone who was ex ground staff and they walked out, yes it is scary but thankfully she now knows no fear for going on strike. We live in a democratic country and we have the right to fight for our rights as workers. Industrial action done correctly and properly is our right!!
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flying chick. Can you not see that some of your colleagues, including (yes, I know) the pilots (of which I am one) are trying to warn you of what you are seemingly sleep-walking into. It is a trap.
Yes it is against UK employment law to be dismissed for striking.
But it may not stop BA from doing it!
(Price-fixing is illegal, but BA allegedly did that as well).
To summarise, I and others like me are trying to help you. BASSA's lawyer and your first-class mate are doing you no favours.
Yes it is against UK employment law to be dismissed for striking.
But it may not stop BA from doing it!
(Price-fixing is illegal, but BA allegedly did that as well).
To summarise, I and others like me are trying to help you. BASSA's lawyer and your first-class mate are doing you no favours.
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Why do I get a feeling I don't believe any of you. Suddenly we have someone who can sack people left, right and centre?? I think you should know it is very very hard to just dismiss someone without VERY GOOD CAUSE!!!! 
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Flying chick of course you are right.
I would be quite happy to go on strike and for BA to fire me. Go to tribunial and then sue them.
Not really bothered if I get my job back or not.
Now will you waterside lot get back to work please?
Oh silly me of course its 7pm you would have left hours ago.
I would be quite happy to go on strike and for BA to fire me. Go to tribunial and then sue them.
Not really bothered if I get my job back or not.
Now will you waterside lot get back to work please?
Oh silly me of course its 7pm you would have left hours ago.
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mandyconn, if you are serious then I believe you may have your wish sometime in December...
However I feel that some BASSA members seem to be so indoctrinated they are actually incapable of comprehending that there is an alternative world view to BASSA's
Can someone prove me wrong?
However I feel that some BASSA members seem to be so indoctrinated they are actually incapable of comprehending that there is an alternative world view to BASSA's
Can someone prove me wrong?
Out of curiosity and maybe not relevent to this thread, I have just checked flight prices from Madrid to London on 21st Dec .
There are 4 Easyjet flights to Gatwick priced at 23, 28, 28 and 35 euros.
Wait for it - BA price to Heathrow - from 894 euros. I don't get it. Who the hell is going to book BA strike or no strike.
There are 4 Easyjet flights to Gatwick priced at 23, 28, 28 and 35 euros.
Wait for it - BA price to Heathrow - from 894 euros. I don't get it. Who the hell is going to book BA strike or no strike.
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Wait for it - BA price to Heathrow - from 894 euros. I don't get it. Who the hell is going to book BA strike or no strike.
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Another little gem here. It's currently taking around 9 months minimum for a case to reach an employment tribunal. Anything you earn between losing your job and a tribunal is deducted from the final damages paid. So unless you can afford to earn nothing for 9+ months you'll actually be making it cheaper for BA to fire you!
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My own view is that I doubt he will sack many - just a few hotheads on the day who justify it.
More likely is the schedule will be wound down to nothing on the first strike day announced, starting up to 3 days ahead for some parts of the network.
However, ALL cabin crew will be instructed to report on the day, anyone not turning up, INCLUDING those calling in sick, will be deemed to be on strike, and will have their pay, (all pay, not just basic) stopped until they turn up for work.
The company will then assess what schedule they can fly on the basis that many crew will be willing to work, plus others willing to help, and then gradually build up the schedule as strikers realise they can't afford weeks without pay, and they return to work.
A few diehards will be left, slapping each other on the back, trying to get the odd car to toot as they drive past them. (On £30/day)
More likely is the schedule will be wound down to nothing on the first strike day announced, starting up to 3 days ahead for some parts of the network.
However, ALL cabin crew will be instructed to report on the day, anyone not turning up, INCLUDING those calling in sick, will be deemed to be on strike, and will have their pay, (all pay, not just basic) stopped until they turn up for work.
The company will then assess what schedule they can fly on the basis that many crew will be willing to work, plus others willing to help, and then gradually build up the schedule as strikers realise they can't afford weeks without pay, and they return to work.
A few diehards will be left, slapping each other on the back, trying to get the odd car to toot as they drive past them. (On £30/day)
GS - Alpha - I have just rechecked the flights on BA.COM and the lowest price from fri 18th - thurs 24th Dec is 894 euros. Please enlighten me where you got your 104 figure from. As I said previously - probably nothing to do with this thread but with fare differences like that, why would anyone book BA except maybe bankers? 
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As has previously been stated a company can terminate you contract of employment at any time it wishes.
Whether or not the termination was 'legal' or a requirement to keep the company solvent under the auspices of SOSR is irrelevant.
The relevancy would be discussed at the subsequent unfair dismissal hearing that could be anything up to 2 years after the dismissal. A quick Google search will reveal that no employee at tribunal for unfair dismissal has won the case where the company stated SOSR as the reason behind the termination.
So, Flying Chick, you're strike 'may' be legal, even that is yet to be proven, but can you afford to wait out the industrial tribunal?
Will the strike be legal? Are the company fundamentally changing your contractual terms? Or are you striking over the possibility of loss of future earnings?
If it's the latter then you had better stand by for a P45 through the door because, as BALPA discovered, a strike of unfounded, potential future losses is NOT legal.
Good luck, keep taking the happy pills.
Whether or not the termination was 'legal' or a requirement to keep the company solvent under the auspices of SOSR is irrelevant.
The relevancy would be discussed at the subsequent unfair dismissal hearing that could be anything up to 2 years after the dismissal. A quick Google search will reveal that no employee at tribunal for unfair dismissal has won the case where the company stated SOSR as the reason behind the termination.
So, Flying Chick, you're strike 'may' be legal, even that is yet to be proven, but can you afford to wait out the industrial tribunal?
Will the strike be legal? Are the company fundamentally changing your contractual terms? Or are you striking over the possibility of loss of future earnings?
If it's the latter then you had better stand by for a P45 through the door because, as BALPA discovered, a strike of unfounded, potential future losses is NOT legal.
Good luck, keep taking the happy pills.