A STRIKE by British Airways pilot is set to go ahead after the airline failed its bid to stop the industrial action.
The airline said it will be appealing the decision and dates have yet to be confirmed.
An overwhelming number of pilots have voted for the strike action earlier this week according to British Airline Pilots' Association (BALPA).
British Airways went to court today to seek an injunction to stop the strike over a technicality, which meant the ballot (the vote) would be invalid.
But the judge presiding over the case said the pilots union had issued its ballot correctly and therefore the ballot result could stand according to BALPA.
The union will announce confirmed dates in due course as BA is planning to go to the Court of Appeal over the decision.
The earliest strikes can take place by law is two weeks after ballots.
This means if BA are not able to block the strike, pilots could start walking out from August 6.
Will I get my money back if my flight is cancelled or delayed?
If your flight is cancelled, you have the legal right to either a full refund within seven days or a replacement flight to your destination.
This applies for whatever reason your flight was cancelled or how long before you were told it would no longer be be flying.
If your flight is delayed by three hours or more and you were flying to or from a European airport, or with an EU-based airline such as Ryanair or British Airways.
Then you can claim compensation up to€250 (£229) for short-haul flights and €400 (£367) for mid-haul flights and €600 (£530) for long-haul flights.
But the airline might not payout if it's out of their control, for example, due to bad weather or strikes.
Brian Strutton, BALPA's General Secretary, said in a statement: “"While we're pleased with the judge's decision, we're frustrated that time has been wasted. BA could have spent this time coming back to the negotiating table instead of trying – and failing – to tie us up in legal knots.
“This delay will now continue with BA seeking to appeal against the Hight Court’s decision.
“As a result it’s now likely the talks scheduled with ACAS on Friday will have to be postponed.
"We ask that BA thinks hard about why 93 per cent of our members feel so strongly about taking strike action.
"The company itself has admitted that even one day of strike action would cost more than what our pilots are asking for, so the ball really is in their court here, to look after their pilots and ensure the hardworking public get to continue their holidays as planned.
“Although legally clear to do so, we have still not set any strike dates to give BA one last chance to commit to negotiating on pilots pay and rewards with us at ACAS later this week.”
The union started balloting its affected members last month after discussions over pay stalled.
The ballot finished earlier today.
The union said that 90 per cent of those affected turned out to vote, with 93 per cent voting in favour of the strike.
According to Glassdoor, the average BA pilot takes home a base pay of £79,695pa with possibility of additional pay, which could include things such as bonuses, totalling up to £69,444pa on average.
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