BA Court Ruling - Strike Back On!

Unite has sucessfully appealed a ruling by the High Court which had granted the airline an injunction blocking the back to back strikes.

Announcing the decision, Lord Judge, the Lord Chief Justice, criticised the airline for resorting to the courts rather than trying to settle the dispute amicably.

Such actions were likely to "inflame rather than mollify" the tensions between the sides, he said.

The appeal has paved the way for the first of three five-day stoppages to take place at Heathrow from Monday.

There will be a one day pause before the second five-day walk out, which starts on Sunday week and finishes the following Thursday. A third strike is planned for June 5-9.

Tony Woodley, Unite's joint general secretary, warned that further industrial action was unavoidable if the dispute was not settled. This would, however, require a fresh ballot.

BA had told the High Court that Unite's plans for four five day stoppages would cost it £138 million, the remaining strikes will still cost BA more than £110 million. The airline's share price fell sharply following the Appeal Court's decision.

Seven days of strikes in March cost BA more than £40 million and the six day volcanic ash lockdown another £100 million.

Derek Simpson, Unite's other joint general secretary, confirmed next week's stoppage by up to 12,000 staff would go ahead.
Derek said the union would do whatever it could to settle its differences with BA. He said the one day pause between walkouts was to allow BA time "to go the extra mile".

"Our colleagues are not mad-hat strikers or headbangers," he said, insisting that the two sides were "within a sliver" of an agreement.

A deal is understood to be close on a cost-cutting package to aid the cash-strapped airline's survival, but there is an impasse over disciplinary action taken against more than 50 staff by the airline and the term under which the staff travel perk will be restored to those who went on strike earlier this year.

The airline had won an injunction after persuading the High Court that Unite had not complied with 231 of the Trade Union and Labour Relations (Consolidation) Act 1992, which required the union to give a full breakdown of the result to its members including the number of spoiled ballot papers.

This information was not contained in texts, emails or Unite's "tweet" announcing the result to cabin crew around the world.

Unite's challenge to the High Court ruling was upheld by the Lord Judge, and Lady Justice Smith, but rejected by the Master of the Rolls, Lord Neuberger.

"We must all hope for a speedy and fair resolution of this dispute," Lord Judge said.

However, he questioned BA's decision to try to use the courts to block the strike.

"Legal processes do not constitute mediation. On the contrary they often serve to inflame rather than mollify the feelings of those involved."