The airline yesterday denied claims that it would take last week’s appeal judgment to the Supreme Court, but did not rule out that the battle could end up back in the courts.
A spokesperson said: “We are not appealing the court’s decision.
“The union would have been fully aware that the point of law over the communication of the strike ballot result would come to a full court case in due course.”
Lawyers suggested yesterday that BA could be preparing to haul Unite back into the courts soon after it wrote to the union reminding them to retain all relevant paperwork.
“This is standard legal procedure for all pending court cases,” said the airline.
But as the strike enters its tenth day this year, prospects of a resolution continue to weaken.
Unite said that on Monday, 56 per cent of crew on global flights were on strike, while 274 staff scheduled on the European fleet did not report to work.
Joint general secretary Tony Woodley said: “The solution lies with Willie Walsh. He must waste no further time or resources but instead work with us to settle this strike.”
Unite estimate the strike is costing BA £7m a day.