BA court victory foils strike by cabin crew

Leaders of the union Unite bitterly criticised the court's intervention but BA, already facing continuing chaos from the volcanic ash cloud, said it was delighted for its customers.

Mr Justice McCombe granted an order against Unite, giving a reprieve for passengers who had faced weeks of travel chaos from planned industrial action by thousands of BA cabin crew in a bitter row over jobs, pay and staffing levels.

Unite immediately vowed to lodge an appeal against the decision, which leaders described as an "absolute disgrace".

New Transport Secretary Philip Hammond, who held separate talks with both sides earlier today, said the judgment was good news for passengers.

Unite members had been due to stage the first of four five-day walkouts from midnight last night, but the union spent the evening urgently contacting its members to tell them to work normally.

BA chief executive Willie Walsh and Unite leaders Tony Woodley and Derek Simpson spent three hours at the conciliation service Acas and adjourned shortly after the court decision.

Acas said: "Discussions took place at Acas this afternoon and obviously events outside of the talks have progressed. In these circumstances, the parties have adjourned to reflect on their respective positions."

Mr Walsh said he hoped the injunction gave the union a chance to pause and consider again the "very fair" offer BA had made.

"There will be further talks but events have been overtaken by the court's decision," said Mr Walsh, adding that the industrial action was "unjustified".

He said relations between the two sides were "strained", but he added: "I genuinely believe it is time to move on. We have an opportunity to pause and reflect and hopefully we will be able to make progress."

BA had argued Unite had not "properly complied" with the requirement to "send everyone eligible to vote details of the exact breakdown of the ballot result" and that, as a result, the strike action was "unlawful".

While expressing sympathy for the union and its members, the judge said: "I am unable to say it is sufficiently clear that the union took the steps required by law at the time they were required."

He said the "balance of convenience" in his view required the granting of an injunction.

BA said: "We are delighted for our customers that Unite's plans for extreme and unjustified strike action cannot go ahead.

"We are sorry the court judgment cannot undo the disruption already suffered by some customers who were due to travel during the early days of the union's industrial action.

"As Unite knew, we had to announce last Thursday the rearrangement of our Heathrow schedule to give customers as much notice as possible about changes to their travel plans necessitated by the strike call."

But Mr Woodley and Mr Simpson said: "This judgment is an absolute disgrace and will rank as a landmark attack on free trade unionism and the right to take industrial action. Its implication is that it is now all-but impossible to take legally-protected strike action against any employer who wishes to seek an injunction on even the most trivial grounds.

"Because of the far-reaching consequences of this injunction for all trade unions and indeed for our democracy, we are seeking leave to appeal immediately. It need hardly be said that this brings the prospect of a settlement to the dispute with British Airways not one day closer."

Mr Woodley suggested Unite could now hold another ballot.

Mr Hammond said: "This decision is good news for passengers. However, more strikes are planned and I have met with British Airways and Unite today and made it clear that both parties must get back round the negotiating table urgently."

Flights will still be affected for the rest of the week. Half of short-haul and 40 per cent of long-haul services from Heathrow set to be hit because it is too late to reinstate a full service.