There's a longer guarantee on the adhesives used, so give BAL a call. Though I bet you it's down to either deflection or not screwing down the ply enough. And to be honest, british
standard stats minimum of 18mm ply and that's what rapid set flex is made for, I think. So if BAL wriggle out of it, that's the excuse they'll use 'fixer error using incorrect ply thickness'.
I'd also get the tiler around to at least have a look. Even though "he only gives 12months warranty" (which is fair, but he still should offer to come around, if it IS fixer error, warranty wouldn't even come into it, he's fitted it wrong and could be libel to stand re-fixing costs should it get to court if you took this further) he should want to come and see the job to tell you at least what's gone wrong. If you were happy with his work the first time round, and he thinks it's a product issue, surely he'd be hoping to get the job again?
I think your first port of call here is BAL. And if they claim it's fixer error (which it probably is) then your next port of call is an independent report on the job and failure which TTA can help with, or you can get one of the established professionals from here do a report. You'll need to pay for that, but it'll get the job done. Then show this the tiler, and if he doesn't want to budge, then perhaps it's small claims or something similar.
It's a shame, but it happens.