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 UKSC 16, Supreme Court - Jane McNeill QC, Michael Ford QC
The Supreme Court has today (24/03/2010) given judgment in the case of British Airways plc v. Williams and others and has made a reference to the European Court of Justice.
These cases concern the right to paid holiday of tens of thousands of workers- flight crew and cabin crew - across the civil aviation sector. BA has argued that it is sufficient to pay basic pay only when pilots are on annual leave, even though this leaves pilots considerably less well off when on holiday than when they are working normally. The Supreme Court has referred five questions to the Court of Justice relating to the level of payment to be made to crew members when on annual leave. The key questions concern whether payments whilst on annual leave must correspond with or be broadly comparable to "normal" pay and whether the level of pay may be determined by collective or other agreement.