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BA strike is illegal, court rules Court blocks BA Christmas strike
(11 minutes later)
A strike by British Airways cabin crew planned for Christmas has been declared illegal in a High Court ruling.A strike by British Airways cabin crew planned for Christmas has been declared illegal in a High Court ruling.
The court agreed with BA that the cabin crew's union, Unite, had not correctly balloted its members on the strike action.The court agreed with BA that the cabin crew's union, Unite, had not correctly balloted its members on the strike action.
The injunction means that the 12-day strike cannot now go ahead.The injunction means that the 12-day strike cannot now go ahead.
Unite called it "a disgraceful day for democracy" and vowed to hold a fresh ballot of cabin crew if the dispute with BA was not resolved.Unite called it "a disgraceful day for democracy" and vowed to hold a fresh ballot of cabin crew if the dispute with BA was not resolved.
The judge refused the union permission to appeal, but the union could apply directly to the Court of Appeal. "There is something wrong with the law," said Unite joint general secretary Derek Simpson.
If it decides to hold another ballot instead, industrial relations laws would mean that fresh industrial action could not be announced until well into the new year. He admitted that while there would be "great euphoria" among the travelling public, the union would immediately put in place plans for a fresh ballot alongside its continuing negotiations with BA.
"We'll see at the end of the day who wins this, we will see at the end of the day proper democracy, proper justice," added Mr Simpson.
If Unite does go ahead with another ballot, industrial relations laws would mean that fresh industrial action could not be announced until well into the new year.
Opportunity to reflectOpportunity to reflect
The judge refused the union permission to appeal, but the union could apply directly to the Court of Appeal.
The court injunction against the Christmas strike is temporary relief, not proper recovery: BA still needs to resolve its dispute with cabin crew over staffing levels and pay Robert Peston, BBC business editor Read Robert's blog Send us your commentsThe court injunction against the Christmas strike is temporary relief, not proper recovery: BA still needs to resolve its dispute with cabin crew over staffing levels and pay Robert Peston, BBC business editor Read Robert's blog Send us your comments
British Airways said the decision would be welcomed by "hundreds of thousands of families in the UK and around the world".British Airways said the decision would be welcomed by "hundreds of thousands of families in the UK and around the world".
"There was never any need for a strike and we hope that Unite will take this opportunity to reflect before deciding its next steps," a statement from the company said."There was never any need for a strike and we hope that Unite will take this opportunity to reflect before deciding its next steps," a statement from the company said.
"In recent days, we believe Unite has formed a better understanding of our position and of the ways in which we could move forward."In recent days, we believe Unite has formed a better understanding of our position and of the ways in which we could move forward.
"It has also become very clear that our customers do not believe that old-style trade union militancy is relevant to our efforts to move British Airways back toward profitability.""It has also become very clear that our customers do not believe that old-style trade union militancy is relevant to our efforts to move British Airways back toward profitability."
Dispute 'not settled'Dispute 'not settled'
Unite's joint general secretaries, Derek Simpson and Tony Woodley, said the dispute was "far from settled". Mr Simpson and Unite's other joint general secretary, Tony Woodley, said the dispute was "far from settled".
"While we have never wanted this dispute, it is a disgraceful day for democracy when a court can overrule such an overwhelming decision by employees taken in a secret ballot," they said."While we have never wanted this dispute, it is a disgraceful day for democracy when a court can overrule such an overwhelming decision by employees taken in a secret ballot," they said.
"The fact remains that this dispute is not settled. "The fact remains that this dispute is not settled."
"BA must accept that there can be no resolution except through negotiation, failing which there will inevitably be a further ballot for industrial action."
The original ballot saw 92.5% of those balloted vote in favour of industrial action.The original ballot saw 92.5% of those balloted vote in favour of industrial action.
Sitting at the High Court, Mrs Justice Cox agreed that Unite had improperly included BA employees already set to leave the company in the ballot.Sitting at the High Court, Mrs Justice Cox agreed that Unite had improperly included BA employees already set to leave the company in the ballot.