British Airways vs. BASSA (current Airline Staff Only)
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Do you reckon, Bacabincrewmember, that it's unlawful for BA to hold a list of crew members who just don't turn up for work?
From 2 March 2010, you have the right not to be 'blacklisted' by any individual, business or other organisation because of your trade union membership or activity.
'Blacklisting' is where an organisation collects information on trade union members to enable that organisation or others to treat workers or job applicants less favourably because of their trade union membership or activities.
From 2 March 2010, it became unlawful for any individual, business or other organisation to compile (draw up), supply, sell or use a blacklist.
It also became unlawful for an employer to:
refuse you employment for a reason related to a blacklist
dismiss you for a reason related to a blacklist
subject you to any other detriment for a reason related to a blacklist (eg refused you a promotion or pay rise)
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bacabincrewmember
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Just want to point out -after reading several "news" articles - that there is no new information regarding legal proceedings. The various articles only say that Unite is planning on taking legal action. No new information there, as the union has been bleeting on about that for months. Also, by the looks of it, they want to by-pass the British legal system (is that because Unite keeps losing?) and go straight to European Courts. Someone somewhere on this forum must have a contact who can inform us about how long the waiting list for such hearings are?
No chickens roosting in my back yard
No chickens roosting in my back yard
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Originally Posted by bacabincrewmember
The legal action is not about contractual or not - it is unlawful for anyone taking part in lawful industrial action to suffer a detriment at the hands of their employer. It is also unlawful to maintain a list of the names of people who have taken part in lawful industrial action
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Bacabincrewmember
Now there's ambiguity and there's ambiuguity, obscurity and even vagueness, but I think you may have lost the argument
Quote:
Staff travel takes 5 mins to re-instate
So they never actually said that you will get Staff Travel back in 5 minutes
Staff travel takes 5 mins to re-instate
So they never actually said that you will get Staff Travel back in 5 minutes
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Bacabincrewmember (BCCM)
A company can hold information about crew (or any staff for that matter) who don't turn up for work when they're supposed to. It doesn't necessarily have to be linked to IA or trade union membership. Have you ever tried being late a few times? It's on record. Off sick? It's on record. Refusing to turn up to work? You guessed it, it's on record.
A company can hold information about crew (or any staff for that matter) who don't turn up for work when they're supposed to. It doesn't necessarily have to be linked to IA or trade union membership. Have you ever tried being late a few times? It's on record. Off sick? It's on record. Refusing to turn up to work? You guessed it, it's on record.
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Claypole
You are 100% incorrect 
Best you have a read
Protection against blacklisting for trade union members : Directgov - Employment
I suggest you read the facts
Best you have a read
Protection against blacklisting for trade union members : Directgov - Employment
I suggest you read the facts
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Duggie
As always, contributions from the other side of the dispute are welcome and enlightening. However, one theme running through many strikers contributions has been their belief that events, including legal proceedings, will go their way. Unfortunately this has proved to be very rare since last December and I'd urge you to be cautious in your assumption that BASSA will win.
Those on this site that have done so in the past usually make little further (important) postings as these events go against them.
Do you really think arguments put together by DH will win the day?
I read very little fact, never mind basis for legal argument in much produced.
As always, contributions from the other side of the dispute are welcome and enlightening. However, one theme running through many strikers contributions has been their belief that events, including legal proceedings, will go their way. Unfortunately this has proved to be very rare since last December and I'd urge you to be cautious in your assumption that BASSA will win.
Those on this site that have done so in the past usually make little further (important) postings as these events go against them.
Do you really think arguments put together by DH will win the day?
I read very little fact, never mind basis for legal argument in much produced.
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Bacabincrew, I think you have made your point on your side of the argument.
I just wonder if it were that simple it would not even be going to court, or UNITE would have very rapidly slapped an injunction on BA the moment the first crew member got the first staff travel suspension letter, ask yourself why that did not happen?
I'm gonna wait for the next couple of months, years?? until this has been played out through the courts
I just wonder if it were that simple it would not even be going to court, or UNITE would have very rapidly slapped an injunction on BA the moment the first crew member got the first staff travel suspension letter, ask yourself why that did not happen?
I'm gonna wait for the next couple of months, years?? until this has been played out through the courts
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I have already said that a company can certainly keep records - that is without question - however once again I shall repeat that it is now unlawful for a company to compile a blacklist of individuals who have taken part in lawful industrial action and then subject them to a detriment
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PornPants1
This is the exact reason that Walsh put the clause in the offer.
To accept the offer Unite had to drop all legal action - he knows what BA has done is unlawful.
For what it's worth if those clauses where not in the offer I think the CC community would have voted yes - I would have
To accept the offer Unite had to drop all legal action - he knows what BA has done is unlawful.
For what it's worth if those clauses where not in the offer I think the CC community would have voted yes - I would have
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6250 people claiming strike pay ?
mmm, something tells me Duncan has asked for the numbers, been told the number of claims, shot his bolt and hot-footed it to his laptop.
I also doubt we will hear the full number from BA 'cos anyway you look at it, the true number will look horribly high to Joe Public but no way is it greater than 5000. If i was DH i'd scurry back to his database (or should i say excel) 'expert' and double check hes discounted the multiple claimees ;-)
I also doubt we will hear the full number from BA 'cos anyway you look at it, the true number will look horribly high to Joe Public but no way is it greater than 5000. If i was DH i'd scurry back to his database (or should i say excel) 'expert' and double check hes discounted the multiple claimees ;-)
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ArthurScargill
the true number will look horribly high to Joe Public but no way is it greater than 5000
Can you provide me with a link to the FACT that the number of striking crew was no way greater then 5000?
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BCCM,
Here's what the regulations say:
It doesn't say anything about a company being able to hold a list, whichever colour it is, of those employees who didn't turn up for work. It would get into legal territory if BA decided to sack all the strikers and then send this list to all airlines/employment agencies/whoever they could think of. A company can still hold a list, simple as that.
Here's what the regulations say:
The regulations will:
- make it unlawful for organisations to refuse employment or sack individuals as a result of appearing on a blacklist;
- make it unlawful for employment agencies to refuse to provide a service on the basis of appearing on a blacklist; &
- enable individuals or unions to pursue compensation or solicit action against those who compile, distribute or use blacklists.
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MIDLGW
I suggest you really do need to read it again - your pedantic approach will just end up hacking people off on here as you are prolonging this.
For the sake of clarity (for you) and for ONE MORE time only - the law states
From 2 March 2010, for it became unlawful for any individual, business or other organisation to compile (draw up), supply, sell or use a blacklist.
'Blacklisting' is where an organisation collects information on trade union members to enable that organisation or others to treat workers or job applicants less favourably because of their trade union membership or activities.
For the sake of clarity (for you) and for ONE MORE time only - the law states
From 2 March 2010, for it became unlawful for any individual, business or other organisation to compile (draw up), supply, sell or use a blacklist.
'Blacklisting' is where an organisation collects information on trade union members to enable that organisation or others to treat workers or job applicants less favourably because of their trade union membership or activities.
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Let's hope WW makes a fool of himself and has to return staff travel fully without any sanctions. If this happens, maybe management should be forced to reimburse all the money we have had to spend on regular tickets because they removed our concessions for taking a lawful industrial action. I bet BA would be more than thrilled to receive my claim of somewhere around two and three thousand pounds that I have spent on tickets!