BA strike starts on Monday on after court strikes down injunction
Tens of thousands of British Airways passengers face flight cancellations over the Whitsun Bank Holiday and school half-term after the Court of Appeal overturned an injunction that was blocking a strike yesterday.
The Unite union said that cabin crew would stop work for five days from Monday, with further five-day walkouts due to start on May 30 and June 5.
Last night BA said that it was considering an appeal to the Supreme Court.
The joint union general secretaries, Derek Simpson and Tony Woodley, issued an ultimatum to Willie Walsh, the BA chief executive, to meet their demands on travel concessions and suspended union members or face the longest strike in the airline’s history.
If the action goes ahead, BA intends to operate a full schedule at Gatwick, a full schedule at London City, about 60 per cent of long-haul flights at Heathrow and about 50 per cent of the airport’s short-haul programme.
BA, which is expected to tell the Stock Exchange today that it has lost hundreds of millions of pounds for the second consecutive year, is showing little sign of giving way. No negotiations are planned and it is forging ahead with contingency plans to keep as many flights as possible running. A spokesman said: “Unite’s strikes have failed twice and they will fail again.”
The company said a peace deal remained on the table. Unite agrees that a deal is close, but the dispute remains locked over BA’s refusal to return unchanged travel concessions to thousands of crew who joined seven strike days in March, and to put the sacking of eight union members during the dispute out to third-party review.
The Appeal Court judges who overturned the injunction said that the dispute could be settled only through negotiation. The Lord Chief Justice, Lord Judge, said: “Legal processes do not constitute mediation. They often serve to inflame rather than mollify the feelings of those involved.”
He sided with Justice Lady Smith to quash a High Court injunction granted on Monday against the strike, though the Master of the Rolls, Lord Neuberger, said that the injunction should stand. Their deliberations turned on the interpretation of section 231 of the Trade Union and Labour Relations (Consolidation) Act 1992. The clause says that a union must take all steps “reasonably necessary” to inform all members as quickly as possible after a ballot about the number of votes cast, the number of “yes” votes, “no” votes and the number of spoilt ballots. On February 22 the union sent members e-mails, text messages and tweets saying that the ballot had been carried by an overwhelming majority — but did not give the four pieces of information.
Mr Justice McCombe granted an injunction blocking the strike on those grounds. Lord Judge and Lady Smith overturned the decision and found that by posting results on its website, notice boards at Heathrow and Gatwick, and in a newsletter, the union had complied. Lord Neuberger disagreed. The Transport Secretary, Philip Hammond, said: “It is in the interests of the travelling public, British Airways and the cabin crew, whose jobs depend on the future success of the airline, that both sides now urgently get back around the negotiating table.”
Investors have so far backed Mr Walsh. The City awaits today’s company results, which could take BA’s losses in the past two years to £1 billion.
No let up in travel misery as BA strike looms
Restrictions to UK airspace were mostly lifted this morning as a change in wind direction pushed the volcanic plume further north but passengers were still delayed as airports struggled to deal with the backlog from earlier closures.
Passengers flying with British Airways are also expected to face problems because of strike action by cabin crew from midnight tonight.
In its latest update the National Air Traffic Service, (NATS) said: “The Civil Aviation Authority (CAA) has lifted the no-fly zone that has been affecting flights at Heathrow and Gatwick this morning. The decision comes following further information from the Met Office about the nature and location of the ash cloud.”
But the skies above much of Northern Ireland and the Shetland Islands remained shut as the ash cloud linguered. There was a shifting picture in Belfast however as the International Airport was reopening from 1pm but just 20 miles away Belfast City airport remained closed.
Other airports in Scotland, Wales and Ireland will reopen at 1pm after a south-westerly wind swept the cloud out of airspace above most of the UK earlier than anticipated.
The current picture for airports in the UK is:
* Belfast City and Londonderry airports shut until further notice. As are Shetland and Orkney
* Arrivals will begin at Gatwick from 1pm. Airport otherwise open
* Heathrow warned of delays and cancellations with limited arrivals until 1pm
* Edinburgh, Aberdeen, Bristol, Cardiff and Swansea to reopen at 1pm
* Glasgow and Prestwick open. Belfast International open
* Manchester, Liverpool, Leeds Bradford, East Midlands, Carlisle, Doncaster and Humberside open
* Dublin closed until at least midday
* Passengers still advised to contact their airline before setting out.
Heathrow and Gatwick had been forced to close overnight because of the ash and partially reopened early this morning. Over 160 flights to and from Heathrow were cancelled and passengers experienced delays of between 20 and 30 minutes. Eurocontrol said 1,000 flights would be grounded across Europe today.
Airports in Scotland, Wales, Northern Ireland and Ireland were also closed and remained shut throughout the morning.
Additional capacity was made available on alternative transport from Scotland to London, including an extra 7,000 seats on Virgin Trains. The tourist firm Steam Dreams, which runs steam train trips for enthusiasts between Edinburgh and London, also offered an extra 50 seats to passengers who were unable to fly this morning.
The Department of Transport has warned there may be restrictions across different parts of the UK until tomorrow when a change in wind direction is expected to blow the ash cloud from the Eyjafjallajokull volcano away from Britain.
Philip Hammond, the new Transport Secretary, said test flights have taken place over the weekend to see if higher levels of ash can be tolerated by aircraft engines. “We are gathering more evidence all the time,“ he said.
“They are looking at what inspection regimes they can put in place that would allow safe flying through a somewhat higher threshold of ash.
“If we can do that the likelihood of volcanic ash disrupting flights will obviously diminish.”
The CAA told The Times that they were working to extend “red zones” in which planes can fly through ash as long as there are enhanced checks and inspections on the aircraft. Last week the “buffer zone” around high concentrations of ash was deemed unnecessary.
The airline industry has lost hundreds of millions through ash related shutdowns. BA has also been hit by strikes from its cabin crew.
The lastest BA strike was due to start at midnight but the airline was seeking an injunction against the first of a series of five day strikes in the High Court this morning.
An agreement has been reached in principle between the Unite union and the airline but the parties reached stalemate over reinstating travel perks for crew who went on strike over jobs and working practices last month.
Tony Woodley, the joint leader of Unite, said: “BA has said this was a battle for the long term future of the company, to have the right cost base and restructuring in place.
“All of these requirements have now been agreed, at least in principle, with Unite. Customers, shareholders and the BA board should now be asking why this strike is still going on.”
BA said it had endured two years of record annual losses and “must” reduce costs to ensure long-term survival, as many staff had accepted.
The Transport Secretary, who is meeting both parties today said both sides held “intransigent” positions.
“I don’t believe that it can be in the long term interests of the cabin crew at Heathrow to bring this airline to its knees,” he told Sky News.
“At a time when the airlines are already being disrupted by the ash cloud the last thing that we need is this. .. layering one problem on top of another.”
Last month the ash cloud caused millions of people to be stranded and airlines lost $1.7 billion, according to the International Air Transport Association.
The volcano under the Eyjafjallajokull glacier in Iceland has been erupting with no sign of the explosive activity ending and the ash plume has reached heights of 25,000 feet (7,620 metres), according to the Met Office.
Who decides to close the skies?
The Met Office produces forecasts and charts of the ash’s progress. These then go to the Civil Aviation Authority which decides where a no-fly zone should be imposed as a result of the position and density of the ash. The CAA then sends its charts and decisions to the National Air Traffic Service. They authorise the closure of airports but the final say on no-fly zones belongs with the CAA as regulator.
The CAA is working with manufacturers and airlines to expand the areas classed as “Red Zones” where aircraft can fly through ash so long as there are enhanced checks and inspections after the flight.
The CAA are advising Eurocontrol (Europe’s air traffic control service) on whether it is safe to fly. “We are closest to Iceland and our airpace is most affected so we have been able to lead the way with this,” a CAA spokesman told The Times.