BALPA vs BA – Court of Appeal verdict on the pilot strike to be delivered at 10.30am on Wednesday

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The Court of Appeal (Civil Decision) has just finished hearing evidence in the case of British Airways plc vs British Airline Pilots’ Association.

This was an appeal against the decision given by Mrs Justice Elisabeth Laing on 23rd July that BALPA’s strike ballot was legal.

The Court will announce its decision at 10.30am on Wednesday.

British Airways vs BALPA appeal

What are the grounds for appeal?

The crux of the appeal was this – whilst BALPA had provided British Airways with a list of how many pilots, by managerial grade, voted for industrial action, they did not provide this information split by long-haul or short-haul fleets and that BA requires this information to mitigate the impact of the strike.

The law states:

The trade union must take such steps as are reasonably necessary to ensure that—

i)  the lists mentioned in subsection (2A) and the figures mentioned in subsection (2B), together with an explanation of how those figures were arrived at

2A)  The lists are—

(a)  a list of the categories of employee to which the employees concerned belong, and

(b)  a list of the workplaces at which the employees concerned work.

(2B)  The figures are—

(a)  the total number of employees concerned,

(b)  the number of the employees concerned in each of the categories in the list mentioned in subsection (2A)(a), and

(c)  the number of the employees concerned who work at each workplace in the list mentioned in subsection (2A)(b).

Was it enough to list employees by rank (Captain, First Officer) as opposed to fleet?  We’ll find out at 10.30am.

The obvious point to make is that splitting by fleet is fairly meaningless.  An A380 pilot cannot fly a Boeing 747, so BA’s strike planning is not greatly helped by a having long-haul / short-haul split.  With over 90% of the combined fleet voting for strike actions, it is also clear that both fleets must have voted overwhelmingly for action.

The basis for the appeal was, frankly, thin.  On the other hand, it would also not have been difficult for BALPA to provide this information via another tick box on the ballot paper.

What happens next?

If BALPA wins, it may immediately announce a date for strike action.  It could have already announced a date, whilst waiting for the result of the appeal, but decided to give British Airways some breathing space.  Will they now announce a date or will they give BA another chance at arbitration?

My gut feeling is that, if I were BALPA, I would be concerned that this process has dragged on for long enough and it is time to raise the threat level.

If British Airways wins then BALPA will need to organise another ballot.  This takes 28 days – a seven day notice period to the employer that a ballot will take place, followed by a 21 day period for the ballot itself.

A strike itself requires another full 14 days notice, so – if BA wins – you won’t see any strike action until mid September.

If BALPA wins, the earliest date would be either two weeks on Wednesday or two weeks on Thursday, depending on how you define ’14 days notice’.

Let’s see what happens at 10.30am.

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Comments

  1. OT: as no bits

    Looking to book a doubletree hilton (twin room) in Russia direct with Hilton.
    We are 2 adults, 2 kids.

    Policy in app states “children stay free in same room as parents up to age 18, subject to availability”

    Question – When I make the booking, can I simply state 2 adults only?

    If I add even 1 kid, the price for same room jumps up. So why make claim that they stay free?

  2. So, I’ll be able to get out on my holiday which is great, but potentially flying back from Larnaca 22 August, could be a strike day? I’ve not been in this position before, so what would be the likely scenario for us?
    Stranded until they find a flight home I take it? Would they have to provide a hotel and compensation etc? Sounds ideal being stranded in Cyprus, but it isn’t as Im back at work etc..

  3. Matt B says:

    I’m not feeling confident of BA winning, starting to think it was wasnt a waste of money booking a backup easyJet flight.

  4. nicka says:

    OT: Rate Details HILTON HONORS SALE
    HILTON HONORS MEMBER RATE, JOIN FOR FREE. NO BREAKFAST. FREE WIFI AND POINTS. FULL PREPAYMENT, NO CHANGES OR REFUND.

    If I book this rate direct, as a GOLD, – will I still get the free breakfast, free wifi and any points?

  5. It’s tense! If Balpa win then my weekend away in late august might be under threat, but if BA win then my longer holiday in mid september is!

  6. Harry T says:

    OT, as no bits:
    I’m looking to refer my partner for a BAPP. She currently holds the free BA card. If I refer her for a BAPP from my Platinum, will I receive a referral bonus on my Platinum card if Amex upgrade her from free BA to BAPP?

    • they clearly told me that I would in this case, but still waiting for the points to credit. holding my breath!

    • Mark2 says:

      I would not expect to.

    • You don’t get referral points if the other person is only up or downgrading an account they already hold.

      • Have you tried this? Because it is a new application, I’m not 100% convinced that Amex’s IT is good enough to stop the person doing the referral from getting a bonus. If I were doing this myself, I’d certainly be giving a try – nothing to lose.

        • Harry T says:

          Thanks, Rob. I’ll give it a shot when the time comes.

          My partner called to cancel her free BA Card recently and was offered 2 Avios per pound for the next three months to stay, so will look at it after that.

        • Tried it last week, no referral bonus (not self-referral either). However, ISTR comments in the past stating some got lucky so always worth a try.

          • Harry T says:

            Thanks for the advice – it’s probably only something I would do if we had spent 10k on the free card and wanted to upgrade to trigger a 241.

  7. Jonathan says:

    Unanimous decision to reject BA’s appeal

  8. Jonathan says:

    https://www.balpa.org/Media-Centre/Press-Releases/Pilots-defeat-British-Airways’-legal-challenge

    No strikes announced. ACAS this afternoon & for rest of week so pushing strikes back to 17th August at earliest.

    • I’m flying to Moscow on an overnight flight on 16 Aug so it seems to be just about safe. But for how long will strike last? I might be stranded in Russia, so might need to pretend to be the third kid on your booking @NICK

      • Shoestring says:

        there’s not going to be a BALPA strike, obvs

        last one was in 1979

        they got BA by the short & curlies as just 1 day of BALPA strike [cost of] = a year of the enhanced benefits BALP is requesting

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