A Six-year legal battle
end in success for almost 2740 British Airways pilot after the UK Supreme Court
ruled against the carrier in a claim or additional holiday pay. The Decision
entitles pilots to be paid "flying time" and "time away from base"
supplements during periods of annual leave rather than just their current basic
salary.
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| British Airways |
The case, known as British
airways vs. Williams, has been running since 2006 with European court of
Justice ruling two years ago that pilots were entitled to claim not only their
basic salary but “all the components intrinsically linked” to the performance
of the task required under their contracts and all the elements relating to
their “Personal and professional status as an airline pilot”.
The court of Appeal in London
had earlier rejected the case and warned that it was likely to have an impact
on 10.600 similar claims brought by cabin crew against Virgin and easyJet. IN
delivering the Judgment, Lord Mance, on of the five judges presiding over the
case said: “It is true that the Aviation Regulations, do not explicitly address
complaints relating to the payments for annual leave”. But, it is our duty to
read the domestic, regulations so far as possible to give effect to the
Aviation Directive, as interpreted by the Court of Justice”.
The British Airline Pilots’
Association (BALPA) has lodged similar employment tribunal claims on behalf of
over 1000 pilots from other airlines including easyJet, Thomson Airways, and
Flybe, and estimates that retrospective holiday pay claims for the UK could
cost up to £20 million – and over £50 million if the ruling extends to cabin
crew
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