Judge rules British Airways strike illegal

Nearly one million passengers flying with British Airways this Christmas breathed a sigh of relief today when the High Court agreed with the airline's management that a planned 12-day strike starting on December 22 was illegal.

Mrs Justice Cox ruled that the Unite union had included former BA employees who had taken voluntary redundancy and therefore had no right to vote. She also criticised the timing of the strike: "A strike of this kind over the 12 days of Christmas is fundamentally more damaging to BA and the wider public than a strike taking place at almost any other time of the year," she said.

An organised strike cannot now go ahead before the New Year – although wildcat walkouts remain a possibility.

Calling the decision "a disgraceful day for democracy", Unite said the dispute was "far from settled" and that a fresh strike ballot would be called if the issue at stake – the removal of up to two cabin crew on every BA flight – was not resolved.

BA said in a statement: "There was never any need for a strike and we hope that Unite will take this opportunity to reflect before deciding its next steps."

Talks between BA bosses and union representatives called yesterday after the intervention of the Prime Minister have got nowhere so far and the high court ruling means there is now no pressure on management to come to a settlement before Christmas.

BA had argued at the High Court that up to 1,000 of the 13,000 union members who took part in the strike ballot were actually ex-employees who had taken voluntary redundancy and therefore had no right to vote. Unite argued that even if the 1,000 'unjustified' votes were removed, the huge majority who voted for strike action - 92 per cent - still hold sway. Judge Cox will release the reasons for her decision later – an explanation she promises will be “lengthy”.

It is likely that some of the employees that had voted for strike action will be secretly relieved. These cabin crew members apparently had not realised that they would be asked by their union leaders at Unite to strike over Christmas and for such a long time - at 12 days, the longest stoppage in aviation history.

According to online chat among crew members monitored by the Independent newspaper, many believed the strike action is too drastic. Some thought they were voting for a series of three-day stoppages to start in January.

On an internet chat-room accessible only to members of the British Airlines Stewards and Stewardessess Association (Bassa), the union-within-a-union (Unite) which called the strike independently of the main Unite leadership, one crew member wrote: "I understand the need to act now and show our resolve asap, but I and many others I have spoken to today really believe the Christmas dates are not doing us any favours for the cause. I am seriously thinking January would have been better.

"The public backlash is already enormous and, like it or not, Walsh will play on that [but] many crew will listen to what's on TV and start thinking the same. This will be my third time on strike and I am always with the union, but I have a horrible feeling they may have got this one wrong. I will strike regardless, of course."

Bassa leaders had defended the 12-day tactic, saying that if they had called three-day strikes, the BA roster system would have meant some people striking while others were merely on rest days. As result, BA management could have picked off individuals and penalised them for striking. The 12-day decision meant everyone would have been in it together.

But clearly some crew remained concerned about the public hostility against them and the airline. Normally, the worst they have to contend with from the public is being referred to as 'trolley dollies' and being harassed by the odd drunken passenger. Now, some are reporting abuse from their own friends.

Another contributor to the Bassa internet chat-room wrote: "Twelve days over the Christmas period was a step too far. I certainly wasn't aware that in voting to strike it would be 12 days and I have to say I was shocked. I will of course fulfil my decision to strike but I feel physically sick at the thought." ·