In November 2009, British Airways unilaterally reduced the number of cabin crew members on long haul flights so that remaining cabin crew members worked longer and harder, in breach of their collective agreements. Consequently, UNITE held a ballot for industrial action, and 5000 cabin crew went on strike between 20-22 March 2010 and 27-30 March 2010. The cabin crew members who went on strike were permanently denied by British Airways the non-contractual travel concessions, and benefits they would have otherwise enjoyed.
The withdrawal of the travel benefits was expressly by reason of the exercise of the right to strike by the individual Applicants. It is argued that the exercise of the right to strike is an “essential element” of Article 11, and if it is not, it falls within Article 14.
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