Instructed by Baker & McKenzie partner John Evason, Devereux Chambers’ Bruce Carr QC went to the High Court yesterday to seek an injunction to declare the strikes illegal.
Carr argued that there were irregularities in the strike ballot held by trade union Unite and that staff who had already been made redundant were allowed to vote on the action. He added that Unite could not reasonably believe that those ex-employees would be called upon to take part in any industrial action.
This, he said, contravened industrial relations law.
Mrs Justice Cox court upheld the argument.
Thompsons Solicitors partner Neil Johnson instructed John Hendy QC of Old Square Chambers to act for Unite.
The 12-day strike, which was due to begin on 22 December, was called after a row erupted between the union and airline over proposed changes to its employment contracts for cabin crew.
Hendy will also appear in the union’s case against BA which has been scheduled for a five day hearing in February.
In that case, the union will argue that to impose new contracts on BA cabin crew is in breach of contract (4 November 2009).