British Airways pilots went to the High Court today in an attempt to enforce their right to strike over what they claim are unfair changes in working practices being introduced as part of the airline’s OpenSkies service.

Lawyers for the British Air Line Pilots’ Association (Balpa) asked the court for a declaration that the unions’ right to take industrial action over OpenSkies is not cancelled out by European law, as the airline claims.

If BA loses, it is faced with the possibility of a strike over the busy summer period. Whatever the outcome, the losing side is likely to appeal, delaying matters further.

Since the issue over the right to strike is unclear, John Hendy, QC, for Balpa, told the judge that his client, “had taken the very responsible step of holding off industrial action and seeking the court’s view first.”

Mr Hendy outlines the strength of opposition to the airline’s plans telling the court that a ballot of BA pilots in February produced a record 93 per cent turn-out, with 2,716 members voting out of a possible 2,914. Of these, 2,327 voted for strike action, Mr Hendy said, representing 86 per cent of those who voted and 80 per cent of those eligible.

BA’s OpenSkies programme will see the airline operate flights from Europe to North America using a separate pool of pilots. The airline claims this is essential to manage costs but the pilots say they are getting a bad deal.

Although the judge will hear details of BA’s OpenSkies project during what could be a ten-day hearing, he will only decide on the right to strike.

BA claims that a European Union law that allows any business based in the EU to open a business in another state prohibits its pilots from striking over its move to start flights from Europe.

But the union claims its right to strike is intact because Article 43 of the EU treaty, the law concerned, does not apply to industrial action. The decision is being keenly awaited by trade unions across Europe.

Last week BA reported strong annual results that included the announcement of £35 million in staff bonuses and its first dividend in seven years.

However, Willie Walsh, chief executive refused his £700,000 bonus, saying it was not appropriate in the wake of the chaotic opening of Heathrow’s terminal 5.

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