The Industrial Cases Reports
[2012] ICR 1375
Supreme Court
British Airways plc v Williams and others
[2012] UKSC 43
2012 July 23;
Oct 17
Lord Hope of Craighead DPSC, Lord Walker of Gestingthorpe, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption JJSC
Employment— Working time provisions— Paid annual leave— Airline pilots receiving supplementary payments additional to basic pay when working— Payments including allowance for expense of working away from base— Pay during leave to include element for supplements intrinsically linked to work to be carried out— Element to be assessed as average over representative period of all remuneration save where allowance intended exclusively to cover costs— No domestic legislative scheme— Whether for employer to undertake assessment— Whether otherwise employment tribunal able to make assessment—
Civil Aviation (Working Time) Regulations 2004 (SI 2004/756), regs 4, 18
—
Council Directive 2000/79/EC, Annex, cl 3
—
Parliament and Council Directive 2003/88/EC, art 7