The decision by BA cabin crew to strike is barking mad. But the High Court decision today could be desribed as even madder. I have absolutely no sympathy with either the strikers or their trade union, but when either side go to court in an industrial dispute the least they can expect is justice to be done. When BA went to court the first time, they deservedly won their case as there were obvious defects in the Unite ballot. For instance, they were balloting people who were no longer working for BA, or indeed union members.
But this time it was different. The High Court found in favour of BA today because Unite had not told its members that there were eleven spoiled ballot papers when they emailed or texted them the result of the strike ballot.
So there was nothing wrong with the ballot itself.
It is this sort of decision which brings industrial relations law into disrepute. I'm glad BA cabin crew won't be on strike, but I'm concerned at how the Judge in this case defied all common logic in his findings. Surely common sense has a part to play here, as well as the literal wording of the Act. It can surely never have been meant to be interpreted in this way.
When people go to court they need to know that they are being dealt with equitibly. That applies to unions as well as employers.