Reply To: BA Cabin Crew Strike – Consolidated ThreadBack to Forum
It is perfectly possible for an employer to sack anyone who withdraws their labour – even if that was done under the terms of a legally “protected” strike period.
If they are dismissed during the protected period, an industrial tribunal may find wrongful dismissal. That would entitle the individual fired to financial compensation, but not re-instatement.
In the case of withdrawing labour outside the protected period, there is no recourse to financial compensation, as it is a breach of contract, pure and simple.
Neither of the these facts have been communicated to the BASSA membership.
There is of course a little more than purely the law operating here; if could be perceived as a draconian act to fire crew, and that could lead to political issues, and also could be the spark which provokes wider (and thankfully now illegal) secondary action – against the background of a centre-right coalition government, there are plenty in the Socialist movement who would have this as the flashpoint for wider social unrest. So it’s important to look beyond the pure “legalities” of the case.
My sympathies are really with those cabin crew “stuck in the middle” of all this who have gained “nothing” from the strikes (and this is supported by Tony Woodley’s assertion in linked the audio file above), many have lost out considerably, and while others are being made redundant in the wider economy, BA is offering its cabin crew a pay RISE in the latest deal, and this offer was not even put to the cabin crew for a vote – BASSA leadership moved directly for a strike ballot.