The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the actual pay excluded bonus rates. The company said that the special regulations applicable to the Aviation industry did not make such a provision.
Held: The Regulations could have set the meaning or ordinary pay by reference to the pay he could expect while working. They had not. The ERA had set out calculations but for a different context. The company’s appeal succeeded.
Rimer, Lloyd, Ward LjJ
[2009] EWCA Civ 281, Times 28-Apr-2009, [2009] IRLR 491, [2009] ICR 906
Bailii
Civil Aviation (Working Time) Regulations 2004 4, Employment Rights Act 1996 221 222 223 8224, Working Time Directive 1993 (93/104/EC) of 23 November 1993
England and Wales
Citing:
Cited – Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar ECJ 16-Mar-2006
The employers used a system of ‘rolled up’ holiday pay, so that staff received a sum equivalent to holiday pay throughout the year.
Held: Such a system was not in accordance with the Working Time Directive. The directive required that there . .
Appeal from – British Airways Plc v Williams and others EAT 28-Feb-2008
EAT Working Time Regulations: Holiday Pay
Civil Aviation (Working Time) Regulations – whether the annual leave pay of airline pilots should be calculated by reference to their basic salary or their basic . .
Cited – S and U Stores Ltd v Wilkes NIRC 1974
The tribunal was asked as to the determination of an employee’s ‘average weekly rate of remuneration’ in a particular period of 12 weeks for the purpose of calculating a redundancy payment, and whether a weekly sum which the employee was paid to . .
Cited – British Airways (European Operations at Gatwick) Ltd v Moore and Botterill EAT 20-Jan-2000
EAT Maternity Rights and Parental Leave – (no sub-topic). . .
Cited – Stringer and Others v Her Majesty’s Revenue and Customs ECJ 24-Jan-2008
Europa Directive 2003/88/EC Organisation of working time Article 7 – Right to a minimum period of paid annual leave Entitlement to an allowance in lieu Fundamental social rights in Community law Grant of annual . .
Cited – S and U Stores Ltd v Wilkes NIRC 1974
The tribunal was asked as to the determination of an employee’s ‘average weekly rate of remuneration’ in a particular period of 12 weeks for the purpose of calculating a redundancy payment, and whether a weekly sum which the employee was paid to . .
Cited – Francovich, Bonifaci and others v Italy ECJ 19-Nov-1991
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . .
Cited – Dellas, Confederation generale du travail, Federation nationale des syndicats des services de sante et des services sociaux CFDT, etc v Ministre des Affaires sociales, du Travail et de la Solidarite ECJ 1-Dec-2005
ECJ Social policy – Protection of the safety and health of workers – Directive 93/104/CE – Concept of -working time – Scope – National legislation providing for a ceiling more favourable to workers, in particular . .
Cited – D Bamsey and others v Albon Engineering and Manufacturing Plc CA 25-Mar-2004
The applicants worked under an arrangement where they received considerable payments additional to their basic pay for compulsory overtime, but the holiday pay was calculated by the employer on the basic pay.
Held: The 1998 Regulations were . .
Cited – Landeshauptstadt Kiel v Norbert Jaeger ECJ 9-Sep-2003
Concepts of working time and rest period – On Call
ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein – Germany. Social policy – Protection of the safety and health of workers – Directive 93/104/EC – Concepts of working time and rest . .
Cited by:
Appeal from – British Airways Plc v Williams and Others SC 24-Mar-2010
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other . .
Lists of cited by and citing cases may be incomplete.
Employment, Transport
Updated: 11 November 2021; Ref: scu.329537