UPDATE: British Airways loses at the Court of Appeal, pilot strikes can go ahead
Links on Head for Points may support the site by paying a commission. See here for all partner links.
The Court of Appeal (Civil Division) has just given its verdict in BA’s appeal against the decision given by Mrs Justice Elisabeth Laing on 23rd July that BALPA’s strike ballot was legal.
British Airways has lost the appeal.
BALPA is legally allowed to push ahead with a pilot strike. However, British Airways and BALPA have agreed to meet at ACAS this afternoon and talks are due to continue until the end of the week.
This means that a strike is unlikely to be announced until Monday, which would mean – given the 14 days legal notice period – that flights are unlikely to be impacted until Monday 19th August.
BALPA said in a statement:
The Court of Appeal has rejected British Airways’ attempt to injunct BALPA’s proposed industrial action on a technicality. The legality of BALPA’s ballot has been affirmed.
BA’s case was already dismissed once at the High Court last week, but they insisted on wasting more time in pressing it to an appeal.
BALPA General Secretary, Brian Strutton, said:
“The Court of Appeal has today rightly dismissed BA’s attempt to injunct this industrial action on a technicality.
“BA’s attempt to defeat the democratic view of their pilots in court, rather than deal with us across the negotiating table, has sadly wasted huge amounts of time and money that could have been put into finding a peaceful resolution. Now the window for negotiation and compromise is closing fast.”
“BA need to wake up to reality. Our ballot returned 93% in favour of strike action. There is a serious issue here and BA has so far refused to help us tackle it.
“On BA’s own figures submitted to the court, even a single day of strike action will cost far more than we believe it would take to settle this dispute.
“However, BALPA wants to resolve this matter through negotiation and so we are not announcing strike dates. Instead, we have called on BA to hold further talks at ACAS and they have agreed to meet at ACAS today and for the rest of this week for one last try to resolve this dispute by negotiation.
“We have spent four days in talks at ACAS already, and BA refused to move their position one iota. But we hope they now recongise the seriousness of the situation and will work positively with us to find a way forward.
“We are not announcing strike dates today. In any event we are required by law to provide BA with 14 days’ notice of any proposed strike action.”
As a reminder, the crux of the appeal was that 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? The Court of Appeal agreed with the original judge that it was.
Given the ludicrous cost to British Airways of shutting down the airline for a few days due to a strike, I would imagine that the magic money tree will mysteriously find some reserves this afternoon. Let’s see.
How to earn Avios from UK credit cards (December 2024)
As a reminder, there are various ways of earning Avios points from UK credit cards. Many cards also have generous sign-up bonuses!
In February 2022, Barclaycard launched two exciting new Barclaycard Avios Mastercard cards with a bonus of up to 25,000 Avios. You can apply here.
You qualify for the bonus on these cards even if you have a British Airways American Express card:
Barclaycard Avios Plus Mastercard
Get 25,000 Avios for signing up and an upgrade voucher at £10,000 Read our full review
Barclaycard Avios Mastercard
Get 5,000 Avios for signing up and an upgrade voucher at £20,000 Read our full review
There are two official British Airways American Express cards with attractive sign-up bonuses:
British Airways American Express Premium Plus
30,000 Avios and the famous annual 2-4-1 voucher Read our full review
British Airways American Express
5,000 Avios for signing up and an Economy 2-4-1 voucher for spending £15,000 Read our full review
You can also get generous sign-up bonuses by applying for American Express cards which earn Membership Rewards points. These points convert at 1:1 into Avios.
SPECIAL OFFER: Until 14th January 2025, the sign-up bonus on ‘free for a year’ American Express Preferred Rewards Gold is increased to 30,000 Membership Rewards points. This converts into 30,000 Avios. Click here to apply.
SPECIAL OFFER: Until 14th January 2025, the sign-up bonus on The Platinum Card from American Express is increased to 80,000 Membership Rewards points. This converts into 80,000 Avios! The spend requirement is changed to £10,000 in six months for this offer. Click here to apply.
American Express Preferred Rewards Gold
Your best beginner’s card – 30,000 points, FREE for a year & four airport lounge passes Read our full review
The Platinum Card from American Express
Huge 80,000 bonus points and great travel benefits – for a large fee Read our full review
Run your own business?
We recommend Capital on Tap for limited companies. You earn 1 Avios per £1 which is impressive for a Visa card, along with a sign-up bonus worth 10,500 Avios.
SPECIAL OFFER: Until 9th December 2024, there are EXCLUSIVE sign-up offers for our readers on the two Capital on Tap small business Visa cards. You can earn 20,000 points on the Business Rewards card and 30,000 points on the new Pro card. Click here to apply.
Capital on Tap Business Rewards Visa
20,000 points (ONLY TO 9TH DECEMBER) Read our full review
Capital on Tap Pro Visa
30,000 points (TO 9TH DECEMBER) plus good benefits Read our full review
There is also a British Airways American Express card for small businesses:
British Airways American Express Accelerating Business
30,000 Avios sign-up bonus – plus annual bonuses of up to 30,000 Avios Read our full review
There are also generous bonuses on the two American Express Business cards, with the points converting at 1:1 into Avios. These cards are open to sole traders as well as limited companies.
American Express Business Platinum
50,000 points when you sign-up and an annual £200 Amex Travel credit Read our full review
American Express Business Gold
20,000 points sign-up bonus and FREE for a year Read our full review
Click here to read our detailed summary of all UK credit cards which earn Avios. This includes both personal and small business cards.
Comments (113)