British Airways Plc v Williams & Ors

British Airways Plc v Williams & Ors

The Aviation Regulations do not specify a formula for calculating holiday pay, nor do they incorporate sections 221 to 224 of the Employment Rights Act 1996. There is no national law or practice determining a higher level of holiday pay for pilots beyond basic salary. Therefore, the pilots cannot prove a breach of regulation 4, and their claims must fail.

Parties
Appellant: British Airways PLC; Respondents: Ms S. Williams and Others
Jurisdiction
England and Wales
Judgment Date
03 April 2009
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal allowed, cross-appeal dismissed, pilots' claims dismissed
Legal Topics
Holiday Pay, Working Time, Implementation of EU Directives, Remedies for Underpayment, Collective Agreements
Employment Law European Union Law Holiday Pay Working Time Implementation of EU Directives Remedies for Underpayment Collective Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

British Airways PLC

Appellant

Ms S. Williams and Others

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 What is the correct calculation of 'paid annual leave' for airline pilots under regulation 4 of the Civil Aviation (Working Time) Regulations 2004?
  2. 2 Does Community law require holiday pay to be comparable to normal remuneration?
  3. 3 Is there a national law or practice determining the calculation of holiday pay for pilots?

Ratio Decidendi

The Aviation Regulations do not specify a formula for calculating holiday pay, nor do they incorporate sections 221 to 224 of the Employment Rights Act 1996. There is no national law or practice determining a higher level of holiday pay for pilots beyond basic salary. Therefore, the pilots cannot prove a breach of regulation 4, and their claims must fail.

Court Disposition

appeal allowed, cross-appeal dismissed, pilots' claims dismissed

Orders

  • Set aside the decisions of the employment tribunal and appeal tribunal
  • Dismiss the pilots' claims