Up to a million passengers have been granted a Christmas wish, following the high court's decision in London to block British Airways' cabin crew's plans to strike, writes MARK HENNESSY

THE FURY of Unite union officials outside the Old Bailey was visible yesterday, following the high court’s decision to rule that a strike ballot of British Airways cabin crew was illegal.

The judgment by Mrs Justice Cox, they said, was “disgraceful day for democracy”, but there was little doubt in the hours before the judgment that the union knew its bid to bring the airline to a halt for 12 days from next Tuesday was in trouble.

In the wake of this week’s strike vote by 92 per cent of BA’s 13,000 or so Unite cabin crew members, the airline’s lawyers were ordered by Irish chief executive Willie Walsh to pore over the paperwork in search of flaws. They were not long in emerging. Some 900 of the staff who had voted had already accepted redundancy deals and had left, or were about to leave the company, and were thus not entitled to cast a ballot.

The involvement of the 900 did not make any difference to the result, given the overwhelming outcome, but it was enough to breach the 1992 Trades Union Act, Mrs Justice Cox ruled.

Mr Walsh has won a battle but not the war. Even if Unite does not appeal, it will definitely hold a fresh ballot in February, since there is little doubt that the cabin crew have lost out badly in this week’s public relations war.

Relations between the former Aer Lingus chief executive – who wants to make 4,000 staff in the company redundant and cut the number of cabin crew on long-haul flights – and some of his staff are poisonous.

He desperately needs to cut costs, particularly given the company’s £300 million losses in the first six months of the year and pension accounts that show BA has £16 billion worth of obligations in its two pension funds, which are £3.6 billion in the red.

The parlous state of the company’s pensions looms large in the current merger deal with Iberia. The Spaniards have the option of pulling out from the deal unless action is taken to deal with the crisis, or else renegotiate more favourable terms.

On Tuesday, thousands of cabin staff had shouted in approval when news of the massive backing for strike was announced by Unite deputy general secretary Len McCluskey.

However, the decision to hit BA with a 12-day action over Christmas, rather than a series of three-day strikes in January, was not taken until after the vote result was announced, and some staff were surprised.

Internet forums used by members of the British Airlines Stewards and Stewardesses Association (Bassa), a section of Unite, quickly heard misgivings, particularly when intending passengers made their anger clear.

“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,” one post read.

The cabin crew had opted to ballot after Mr Walsh imposed cuts in number on long-distance flights without, they said, agreement, although Mr Walsh claimed that it was covered by previous understandings.

The union’s position throughout was weakened by internal divisions. Some, but not all, top union chiefs wanted to handle matters carefully in the aftermath of the vote, using the vote as a bargaining chip. But cabin crew shop stewards wanted action, and quickly.

Given Unite’s structure, Bassa is to all intents and purposes an independent outfit, run by shop stewards who receive a £100-a-day supplement while they are on union business, but also their full BA £30,000 average salary.

The divisions were illustrated by Unite’s deputy general secretary Derek Simpson, who told GMTV on Wednesday that the decision to go for a 12-day stoppage had “probably been over the top”, but that it had been “the decision of the negotiating team”.

Equally, the strike issue became wrapped up in Unite’s own internal politics, as was illustrated by the decision of the union’s assistant general secretary, Mr McCluskey, to take a prominent position at the Sandown union gathering.

He is currently campaigning to become Unite’s first solo general secretary. Currently, the union – a merger between the Transport and General Workers’ Union and Amicus – is run jointly by Mr Simpson and Tony Woodley.

A successful battle against Mr Walsh would have done much for Mr McCluskey’s campaign, although he is already the strong favourite to win the contest given the backing he has received from left-wing members.

For now, Mr Walsh can breathe a sigh of relief, along with passengers, though those who opted to buy vastly-inflated tickets on other airlines can now only rue their decision. Unless, of course, BA cabin crew engage in wildcat actions next week.

Last night, British Airways welcomed the judgment, but held out hope that a deal can be struck with Unite: “There was never any need for a strike and we hope that Unite will take this opportunity to reflect before deciding its next steps.

“We believe the public would want that too. In recent days, we believe Unite has formed a better understanding of our position and of the ways in which we could move forward,” it said, adding that the public does not want “old-style trade union militancy”.