Court of Appeal overturns strike ban in British Airways

The Court of Appeal has overturned the high court injunction against the strikes won by BA on Monday, hours before the first five-day strike was due to take place. The appeal was allowed by the lord chief justice, Lord Judge, and Lady Justice Smith, who rejected the original ruling that Unite had breached the 1992 Trade Union Act by taking inadequate steps to inform members of the result of a strike ballot in February. It was rejected by the Master of the Rolls, Lord Neuberger.

All three judges read out their conclusions to a packed courtroom. Allowing Unite's appeal, Lord Judge said: "We must all hope for a speedy and fair resolution of this dispute." He added: "It must be resolved by negotiation. Legal processes do not constitute mediation. They often inflame rather than mollify the feelings of those involved." He said he found it ironic that a law intended to ensure that workers retain the right to strike in fair and democratic ballots was being used by employers to stop a walkout.

 

Smith said: "It was a fair and open ballot and not to uphold the appeal would mean that the rights of workers to withdraw their labour would be undermined.

 

 

 

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