BA statement:
Our lawyers wrote to Unite yesterday evening to highlight potential flaws in the ballot process that led to seven days of strikes in March and the 20 days of strike action planned from next week.
The Trade Union and Labour Relations (Consolidation) Act 1992 requires unions to send everyone eligible to vote details of the exact breakdown of the ballot result. This point of law was clarified in April following Network Rail’s successful application for an injunction to stop a strike by the RMT.
We do not believe Unite properly complied with this requirement. We wrote to the General Secretaries of the union yesterday asking them to explain to us how they discharged this obligation and, based on Unite’s replies, we believe that they failed to comply with the legal requirement.
On this basis we have applied to the High Court for an injunction to stop the 20 days of strikes planned from Tuesday.
If the union has failed to comply, all the strike action that resulted from that ballot would be unlawful and their members would only have limited protection while taking part in strike action. The union would also be liable to BA for some of the financial losses that we have suffered as a result of the strikes.
We make no apology for looking at every option possible to protect our customers and our company from this completely unjustified strike and the union’s cynical attempts to destroy our airline.
Clearly, until the Court has heard the case, and with just days to go before the strikes are due to begin, it is critical that we stay focused on our contingency plans to ensure we can do a great job for our customers should the strike go ahead.