Unite: BA strikes to restart Monday
Updated on 20 May 2010
British Airways cabin crew strikes will be back on from Monday after the Unite union won its appeal against BA's injunction. One employment lawyer tells Channel 4 News the ruling will not stop other companies from using the courts to try and halt industrial action.
Two out of three Appeal Court judges agreed to overrule the injunction this morning, clearing the way for strikes to go ahead from next week. BA cabin crew will strike for five days from Monday.
The High Court had blocked the strikes on a technicality - that the union had failed to give full details of the result of its strike ballot, including the fact that there had been 11 spoilt papers.
Twenty days of strike action will now begin on Monday 24 May, running intermittently until 9 June and threatening to disrupt the travel plans of those hoping to go to the World Cup in South Africa.
Strike details
24-28 May: BA will operate as normal from Gatwick and London City, Heathrow will operate at 60 per cent longhaul capacity and 50 per cent shorthaul. BA plans to serve 70 per cent of passengers overall.
Unite has also planned strikes for 30 May-3 June and 5-9 June. BA advises all customers to check its website on a regular basis.
Speaking outside the High Court after today's hearing, Mr Simpson, said BA had been "irresponsible" in bringing the injunction. The verdict gave the opportunity to re-open negotiations in the hope of reaching a settlement and avoiding the strike.
"What I would say to members of the public is that we are not going on strike to upset them. We are negotiating as best we can to prevent any disruption to them," he said.
BA's offer to end the original dispute - over planned reductions to on-board staffing levels - could be workable, said Mr Simpson. But there were now two "impediments" to a settlement: the withdrawal of travel concessions to staff involved in the action and the suspension of 50-60 members - and the dismissal of another eight - over what in many cases were "trivial and minor matters".
He said the union was ready to re-open negotiations immediately.
"Our colleagues who work for British Airways cabin crew aren't madhat strikers - head-bangers," he said "They are a decent people. They are intelligent and articulate people - and they have voted overwhelmingly twice to take part in what is, for them, an unprecedented industrial action. That has got to tell you that there is a breakdown in relationships between the workforce and the management."
Willie Walsh, BA's chief executive, said he was "disappointed" by the verdict.
In a statement on YouTube, he said: "Naturally I'm disappointed at the outcome of the court today.
"I fully respect the decision, however I make no apologies for going to the court in the first place. I've made it clear to everybody that I will explore every avenue.
"I will look at every option that's available to us to try and protect our customers from the actions of this trade union."
The Appeal Court judges were divided in their findings, with the Lord Chief Justice, Lord Judge, and Lady Justice Smith allowing the appeal, while the Master of the Rolls, Lord Neuberger, voted for rejection.
Lord Judge said the dispute must be resolved by negotiation.
"Legal processes do not constitute mediation," he said. "On the contrary, they often serve to inflame, rather than mollify, the feelings of those involved."
He said that BA's lawyers had "failed to persuade me that what was done (by Unite) was insufficient to amount to compliance with the requirements".
Company court action: the wider implications
Industrial relations lawyers say it will be a hard lesson for unions, and will do little to discourage the rising number of companies seeking legal action over strikes.
Marc Meryon, industrial relations partner at Bircham Dyson Bell, said the ruling would serve as a reminder that "the law only gets involved if they (the unions) get it wrong", he said.
High profile cases such as this and Network Rail's, are paving the way to a climate of legal challenges from companies, experts say.
Network Rail successfully blocked an RMT rail strike in April through court action, while the National Union of Journalists was forced to call off a strike after Johnston Press secured a High Court injunction this week.
Andy Cook, chief executive of the specialist employee relations advisers Marshall-James, said: "It's a shame that we seem to heading down the American route - where there are more lawyers involved."
While companies are certainly more enthusiastically pursuing legal action, all it does is delay strikes, said Mr Meryon. "In a way today's ruling is good news - it has brought to it to a head."
Indeed, Mr Cook says a resolution between BA and Unite is long overdue. "BA is dealing with the legacy of the past - previous management were not wanting to deal with issues, but now the money's not there, so they have no choice," said Mr Cook.
BA will be hoping that at some point workers will cross the picket lines as not working begins to hit their pockets, he said.
Mr Meryon said the ruling would have little impact on companies, save reminding them that they need to build a strong case to succeed with legal action.
