FlyerTalk Forums - View Single Post - BA 'Mixed Fleet' cabin crew dispute [agreement reached]
Old Jun 20, 2017, 10:59 pm
  #2695  
simons1
 
Join Date: May 2013
Posts: 6,349
Originally Posted by makin'miles
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.
If it was a) achievable and b) legal I'm sure the union would already be doing it, as it would be an obvious way of disrupting the airline.

​​​​​​​The unions do employ strategists and lawyers, with the greatest of respect I would be astonished if you were the first person ever to have such an idea. Making that presumption I agree with the other posters that it probably isn't doable.

Continually asking other posters if they are lawyers is a bit tedious btw.
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