Tuesday 30th July 2019
Court 73
10:30am
Lord Justice Davis (seated centre)
Lord Justice Hamblen (seated left)
Lady Justice Simler (seated right)
This is an appeal by British Airways against the order made by Mrs Justice Elisabeth Laing dated 23 July 2019 refusing to order an interim injunction preventing strike action by British Airways Pilots.
British Airways has claimed that the ballot had not been carried out correctly and had failed to provide a list of the categories of employees who had been balloted and argued that British Airline Pilots' Association's failure to specify whether the pilots were in long- haul or short- haul fleets meant that the ballot could not be relied on.
British Airline Pilots' Association submitted that it was not required to provide that level of detail and that this would amount to a disproportionate interference with the right to strike.
Mrs Justice Elisabeth Laing held that British Airline Pilots' Association's notice of ballot had satisfied its obligation under section 226A of the Trade Union and Labour Relations (Consolidation) Act 1992.
British Airways argue that Mrs Justice Elisabeth Laing’s conclusion is incorrect.
