Source: All England Reporter
Publisher Citation: [2012] All ER (D) 162 (Oct)
Neutral Citation: [2012] UKSC 43
Court: Supreme Court

Lord Hope DP, Lord Walker, Lord Mance, Lord Clarke and Lord Sumption SCJJ

Representation Jane McNeil QC and Michael Ford (instructed by Thompsons Solicitors) for the employees.
  Christopher Jeans QC and Andrew Short QC (instructed by Baker and Mackenzie LLP) for the employers.
Judgment Dates: 17 October 2012


Employment - Holidays with pay - Employee airline pilots only receiving basic salary by way of remuneration for annual leave - Parties returning to Supreme Court following determination of reference to Court of Justice of the European Union - Whether employees' claims should be remitted to employment tribunal for further consideration - Civil Aviation (Working Time) Regulations 2004, - Council Directive 93/104/EC - Council Directive 2003/88/EC.

The Case

Employment Holidays with pay. The Supreme Court held that in the light of the decision of the Court of Justice of the European Union in British Airways Plc v Williams[2011] IRLR 948 the employee airline pilots' claims for clarification of their paid annual leave entitlement should be remitted to the employment tribunal for further consideration.

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