British Airways cabin crew have agreed “unwillingly” to work new rotas until their grievances are heard at the High Court on February 1.

After out-of-court discussions following a morning of legal submissions from counsel for Unite, the workers’ union, the two sides agreed to return on February 1 for a fresh hearing.

That estimated five-day hearing will resolve whether there should be a permanent injunction preventing BA from imposing cost-cutting proposals, which are due to start on November 16.

Unite, however, said it would push ahead with a ballot for more than 13,000 of its members for strikes and other forms of industrial action, over plans by BA to cut the cabin crew budget by £140 million a year. The result is due on December 14 and could lead to strikes during the busy Christmas period.

BA’s cuts would reduce the number of cabin crew on most long-haul flights and senior crew members would have to pitch in and take part in the food service.

BA said that it is entitled unilaterally to reduce cabin crew complements on board their Worldwide and Eurofleet flights as these are not terms of individual cabin crew members’ contracts. The airline’s stance was that, while there would be a “modest increase in work output” for cabin crew, there were no health and safety concerns and the granting of an injunction would be a “commercial catastrophe”.

But Unite has said that BA would be in breach of contract by imposing the changes as the existing crew complements were fixed by collective agreements with the unions and were “expressly incorporated” into their individual contracts of employment. It also said that the changes would materially and detrimentally affect the health and well-being of staff and passengers on board the flights.

Unite’s QC, John Hendy, told the court: “My clients are prepared unwillingly to work the new schedules for the period of time up to the end of that trial.”

The judge dismissed the application for an interim injunction, saying: “The parties have come to a compromise which I may very well have reached if I had been left to determine the matter in any event.”

Steve Turner, of Unite, said: “We are very confident that the new contracts are unlawful and we will be seeking damages for all of those working on crews which have had their numbers cut from November 16,” he said.

“We believe we will be successful in this case. BA was hoping there would be no case to answer and that costs would be awarded against us but they have failed on both counts.”

BA said in a statement: “Naturally, we are pleased that following today’s court hearing we are able to proceed with the changes we have announced to cabin crew working, which we have been discussing with Unite for the last nine months.

“We urge Unite to withdraw its plans for an industrial action ballot and, following our meeting on October 19, resume discussions with us on other ways of ensuring that British Airways gets in the right shape to ensure long-term survival in the interests of our customers and all our staff.”

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