by RLN » Wed Mar 24, 2010 3:41 pm
Well, yes they can dismiss the strikers, but if it is within the first 3 months, it is automatically deemed to be "unfair dismissal". Payouts for this are currently capped at £70,000, but if the employer doesn't follow strict guidelines, the award is increased by 25%. As I said before, the perks are industry wide, and not only BA, so probably would be deemed to be an implied part of the terms and conditions. To only take it away from strikers shows that it is an accepted practice. It would cost BA a lot of money to carry out their threats, and even in these days where employment law favours employers, a court would take a dim view of any bullying tactics - especially if there was no attempt to consult ACAS.