Originally Posted by
KARFA
Trade Union Act 1992. It would be part of the information supplied by the union to the employer regarding the nature of the strike.
Likely Section 234A, then? I don't see any prohibition there, but then again I'm not a UK lawyer. Are you?
The notice provision requires that unions provide the employer with notice on whether strike action will be continuos or discontinuous, a list of the category of employees affected, the number of employees affected, and the workplace of the employees affected. Where an employee has more than one workplace, the employee is associated with the workplace to which s/he has the closest connection.
I see no provision prohibiting legal strike-eligible employees from withdrawing services part way through a strike period, after having first arrived at work. The Union is required to notify an employer that an employee is affected/legally permitted to strike, but the same employee is also legally permitted to show up at work.
Provisions on notice/nature of the strike action are relatively short compared to those related to strike ballots, justified/unjustified dismissal etc.
I'd genuinely like to see legislation or a legal ruling that would indicate that such action is, indeed, illegal. To be honest, I have my doubts that it actually is (but have no doubt BA would fight such actions in the courts).
Anyway, until I see something a bit more solid than "its not legal," we can agree to disagree.