Employment expert slams BA court decision

Date: 2010-05-18

Leeds, England - A leading employment rights lawyer has slammed yesterday's court decision blocking 20 days of planned strikes by BA cabin crew.  

Paul Scholey, Partner at Morrish Solicitors and a leading employment rights expert in the region, criticised the decision saying 'for too long the strike ballot laws have served ... to prevent Union members exercising their right to strike.'

News reports allege the court's ruling is based on an arcane point of law ordering unions to notify all eligible voters of the result and exact breakdown of votes.

In a statement released last night, Scholey said:

"So the courts decide BA can complain - not that it, BA, didn't know there would be a strike; not that most of the country didn't know; but that a fraction of Unite's membership might not have been told, or properly told, of the outcome of the ballot that was democratically and properly held?

"We might understand (not much, but for the sake of argument) if a *member* of Unite complained that they weren't told about the outcome.  But what is the standing of the *employer* to complain that the members - or some fraction of them - haven't been told?  Where's the prejudice to the company?  Bearing in mind that the ballot was overwhelmingly in favour of action.

"For too long the strike ballot laws have served only one function: to prevent Union members exercising their right to strike.  After this decision it's clear that the law is there to serve no other purpose.  Certainly, neither common sense nor justice have prevailed."

Ends