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BA Strike - Your Thoughts & Questions II

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BA Strike - Your Thoughts & Questions II

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Old 29th Jul 2010, 18:35
  #901 (permalink)  
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But staff travel is not a contractual right
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Old 29th Jul 2010, 18:53
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Originally Posted by cym
But staff travel is not a contractual right
Agreed and if ST was removed for all, because of the cost of IA, then there would be no argument, but, well we know the rest.

It will be interesting if the ST policy changes to reflect that if IA is carried out in the future by any department, then the benefit will be removed.

@fincastle84 - this is a thread about the BA dispute, if you are getting bored, the you are under no obligation to read.
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Old 29th Jul 2010, 19:11
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..and reinstatement has been offered with loss of seniority, which was turned down by Unite. Seems to me the loss of that is a very dodgy basis for thier proposed legal action.

Also, they need to beware, if ST is considered to be more than a perk then it could well become a benefit in kind and HMRC may want to take another look at its taxable status. This would impact on all airline staff, not just BA CC. How would that go down with the non CC Unite members across the airline sector?

Bottom line? BASSA is out of control in terms of the best interests of all Unite's airline members. Unite need to sort that issue out and maybe we have a solution?

Last edited by cym; 29th Jul 2010 at 19:20. Reason: typo
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Old 29th Jul 2010, 19:48
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it could well become a benefit in kind and HMRC may want to take another look at its taxable status
It already is and BA picks up the liability on behalf of it's staff. It is a an agreement made with HMRC that has been in place for many years. But for those who think that BA gives away ST for free it can come as a surprise. Commuters benefit greatly from this perk.
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Old 29th Jul 2010, 19:55
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Disciplinary Action of the Top Table

Do any of you on here feel that it is highly unlikely that a senior reps committee would have 5 of the 7 members (taken from the other thread) up for gross misconduct? Do you think it was reasonable for BA to refuse ACAS as a mediator at the panels (well, if you believe BASSA's statements)
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Old 29th Jul 2010, 19:55
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@fincastle84 - this is a thread about the BA dispute, if you are getting bored, the you are under no obligation to read.
I'm not bored but there is no point in continuing to replay the same old cracked record. Your needle is stuck in the groove as you've just agreed that ST is non contractural so please change the record.

Moving on myself I'm off to NBO tomorrow on BA65 so I'll catch up after some quality time in the Mara. Hope to have a couple of great flights there & back.
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Old 29th Jul 2010, 20:00
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Likewise for you point fincastle. I do not agree with your position, so can you stop making it please?
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Old 29th Jul 2010, 20:31
  #908 (permalink)  
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LB

Would welcome your thoughts on my last post
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Old 29th Jul 2010, 20:36
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Do any of you on here feel that it is highly unlikely that a senior reps committee would have 5 of the 7 members (taken from the other thread) up for gross misconduct? Do you think it was reasonable for BA to refuse ACAS as a mediator at the panels (well, if you believe BASSA's statements)]
Why should an exception be made for the BASSA reps (at one time there were demanding that all disciplinaries were dropped)?

The fact that the action taken from disciplinaries varies from no further action, to written warnings, to demotions and sackings suggests that the company is not just looking to sack troublemakers. And the company did suggest that ACAS could be an observer to confirm normal procedures were being followed.

BASSA claim Duncan Holley's sacking was entirely unjustified. Yet the Employment Tribunal had little difficulty throwing out his demand for immediate reinstatement pointing out that he did not have the option to choose when he worked.

Last edited by LD12986; 29th Jul 2010 at 21:05.
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Old 29th Jul 2010, 20:46
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Staff travel and other "perks" (such as groundstaff being allowed to finish early etc) are non-contractural.... don't think there's anyone who essentially disagrees with that ??

The company allows them as an expression of it's appreciation that the staff show their goodwill towards the company in how they work.

That is, the staff demonstrate their goodwill by acting in a way which enhaces the company .. perhaps by not insisting on breaks when it might disrupt customers, not claiming overtime for sake of five minutes extra work, using discretionary time when duty hours are under pressure .. etc, etc...


I believe any company is free to withdraw any of these at any time for any individual or group who have shown their goodwill has been withdrawn.



Equally the staff are entitled at any time to decide that they no longer want the companies goodwill and as long as they work within the terms of their contract that should be OK...



It's an open and freely entered "bargain" on both sides, which can cease at any time on the whim of either side.... without penalty to either side.


As for HMRC - at the moment I believe staff travel is one of those things where the employer pays a "notional" tax .. based on the fact that it is a "casual/inconsistent" perk.

If it's decided that staff travel is a right/contractural benefit then I think it would indeed carry implication not only for all BA staff but for all staff in this industry.

I suggest it would move from a notional tax rate paid by the employer to a firmly taxed benefit in kind which would have to appear on the payslip and be taxed directly to the employee (perhaps along similar lines to company cars with private use allowed).

So then the commuters will be even more unhappy .. maybe faced with getting staff travel back but have to pay tax on it as it's used

That would also increase the cost of the perk to the company. Right now with the state of the industry I suspect that any attempt to get the employer to absorb any extra cost itself would surely fall on deaf ears.....

Whatever way you look at it and whatever you believe the outcome would be .... it's a can of worms waiting to bite
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Old 29th Jul 2010, 20:53
  #911 (permalink)  
 
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cym

JT answered the part on tax. As to your last paragraph, I agree with some of it. I have spent most of my working life at BA (although it has been a while since I left), so I am only too aware of how BASSA operate, but in my old department, "I wish we stuck together like the cabin crew" (although I am sure we used a more industrial term for our flying colleagues on both sides of the door), was said many times.

I am a firm believer in people power (members) and it should be a bottom up arrangement. The ideas come from the floor and the reps put flesh onto those ideas and present them. It does appear that the relationship is the wrong way round. But that is only my opinion from afar.
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Old 29th Jul 2010, 20:53
  #912 (permalink)  
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It already is and BA picks up the liability on behalf of it's staff.
Not quite right I thought? BA picks up the liability for the "free" tickets, ie the annual 1/2/3 ID100s as they are a free benefit. ID90s do not have any tax paid to HMRC by BA. (it would be a huge subsidy to airborne commuters apart from anything else)
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Old 29th Jul 2010, 21:02
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Do any of you on here feel that it is highly unlikely that a senior reps committee would have 5 of the 7 members (taken from the other thread) up for gross misconduct?
In normal circumstances I'd say "Yes". But we're talking about probably the most dysfunctional leadership team I've ever heard about. We're also talking about a group that clearly runs the branch as their collective fiefdom with no regard for the membership.

I have no doubt that BA's actions in respect of the BASSA leadership has the full tacit support of Unite's full time officials who either cannot or dare not remove them from office. As a rep yourself I'd be a bit surprised if you have any support for Everard, ie the one creating the porn website. I'd be rather shocked if that wasn't regarded as being somewhat offensive to your Union's female members and contrary to your Union's equality and diversity policies. What do you think is a suitable punishment for creating pornographic websites and then using keywords etc to link them to that person's employer? For me, I'd have sacked him, just a lot quicker than it took BA.

I chat to a member of BA's cabin crew who has not gone on strike. This person is not prone to exaggerate or hyperbole, but just wants to go to work, pay the bills, enjoy a quiet life. The level of harrasment routinely experienced at work is truly shocking. My criticism of BA would be more that they appear to be too slow in dealing with the matter. Having said that, cabin crew do appear to be a bit of a sensitive lot. I've already offered my contact a spell working with me to toughen them up a bit.
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Old 29th Jul 2010, 21:05
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tax on ST

I've answered this point much earlier in this thread, but as it has come up again - the law is that a benefit is taxable on the amount it costs the employer to supply it, not it's market value to the general public. (Company cars are a whole separate issue)

ID90s do not cost the company anything, as the 10% paid covers the cost of admin and meals, and of course the seat would have been unsold anyway.

ID100s do cost the company the cost of admin and food/drink etc, (but not the seat as even though 'firm', staff do still not get on if a passenger comes at the last minute) and BA pays tax on calculated amount on behalf of the employee. By the way, an employer paying an employee's tax bill is also taxable, and that is included in the 'settlement' the employer pays to HMR&C.
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Old 29th Jul 2010, 21:10
  #915 (permalink)  
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LB

Thanks for your response, I fully appreicate the its not a happy place for you to be and would like to say thanks for your williness to debate on this subject which is hard for all concerned in terms of retaining their jobs, CC or non flying.

The way I read your last post is - 'well if all airline staff are taxed on ST so that (and this is what its all about IMHO) BASSA CSD's dont have to get behind a trolley and serve passengers' its a price worth paying by the majority (10,0000's) to maintain the staus quo by the minorities (100's). How fair is that?
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Old 29th Jul 2010, 21:13
  #916 (permalink)  
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JAO

What about confirmed seats?
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Old 29th Jul 2010, 21:26
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Don't bring up the Everard incident. I wronged Tiramisu on that one. If there was no dispute, he might have got off, but why get yourself into that position?

As to removal of the reps, I do not agree with you that Unite would in any way support it, for whatever reason. I have never believed in FTO's getting involved at any level, unless asked. For me, any union is a service provider, no more. If businesses offered the same protections to their works councils, that union recognition provided and the state recognised those protections, then why have a union? But the law and big business require a balance, however bad it may be. As others have stated, this dispute will be text book stuff in years to come.
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Old 29th Jul 2010, 21:38
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Originally Posted by cym
The way I read your last post is - 'well if all airline staff are taxed on ST so that (and this is what its all about IMHO) BASSA CSD's dont have to get behind a trolley and serve passengers' its a price worth paying by the majority (10,0000's) to maintain the staus quo by the minorities (100's). How fair is that?
Well, I could go on about unions protecting minorities, but that will get me a proper flaming. However, I would be lying if I did not agree with you. But if it was me, I would not have approached it the way BASSA did. The blitzkrieg at the start did not work.
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Old 29th Jul 2010, 21:41
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To Cym re St

What about confirmed seats?
ID100's are confirmed seats - or at least they can all potentially be if BA offer any confirmed seats on the flight you want. As I said, even if you have a firm seat, it does not mean 'you will definitely get on whether a full fare paying passenger wants it or not' you are simply right at the top of the list to get on in an otherwise empty seat. The good bit is that if you don't get on the return journey, BA have the same duty of care as to a normal passenger, and pay your accommodation costs. Never had to put that to the test mind, we have never failed to get on when we have a firm seat.

BA have it to a fine art, they know their routes and the popularity/busy periods, they don't give out 'firms' unless they are pretty darn sure the seat will be unsold.

Last edited by just an observer; 29th Jul 2010 at 21:54.
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Old 29th Jul 2010, 21:49
  #920 (permalink)  
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LB - top bloke - thanks for your candidness. Wish you could get involved and sort this mess out, your are pragmatic and I salute you!

jao - you airline staff? if so when did you last have an st pax offloaded? Am ex crew and I have never seen it, upgraded yes, offloaded no
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