Test cases on holiday pay affecting crew members (pilots and cabin crew) employed on board civil aircraft. The EAT found for the pilots, upholding the judgment of the employment tribunal. It rejected BA’s argument that under the Civil Aviation (Working Time) Regulations 2004 it was sufficient to pay pilots only their basic pay whilst on annual leave and not allowances which form a significant part of their pay. The EAT held that annual leave pay should be calculated in accordance with sections 221 to 224 of the Employment Rights Act 1996.

 

Jane McNeill QC , leading Keith Bryant, acted for the successful pilots who are supported by their union, the British Airline Pilots Association (“BALPA”). She was instructed by Simpson Millar.