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ARTICLE · 09 FEBRUARY 2012

Holiday Pay

Clyde & Co
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In Williams v British Airways, the CJEU considered whether pilots’ holiday pay entitlement should be limited to basic salary.

United KingdomEmployment and HR
Peter Roser
Peter Roser
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In Williams v British Airways, the CJEU considered whether pilots' holiday pay entitlement should be limited to basic salary.

Facts

Under collective agreements incorporated into their contracts, British Airways pilots were entitled to basic pay plus two supplementary payments (a "flying pay supplement" and a "time away from base allowance"). However, in periods of statutory annual leave the pilots were only paid basic pay. The pilots claimed that the two supplements should have been included in their holiday pay calculation and brought claims in the Employment Tribunal.

Legal issues

The UK Supreme Court had to consider the underlying European instruments and how these had been implemented into UK domestic law.

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