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The Supreme Court has referred the case of British Airways v Williams to the European Court of Justice to rule on whether it is a requirement of the Directive governing working time for airline pilots and, by extension, the Working Time Directive, for Member States to provide a minimum level of remuneration for periods of annual leave and, if so, how it should be calculated. The suggestion that there is such a requirement arises from a comment made by the European Court in Robinson-Steele, and alluded to in Stringer, which states that entitlement to leave and to payment for it are two aspects of a single right. Lord Mance, with whom the other Justices agreed, indicated that, if Luxembourg does determine that there is a right to a certain level of holiday pay, it is likely that it will be possible to interpret UK law in order to give effect to it, even in the case of airline pilots, where there is no existing statutory scheme.
Our office will be closing for the holiday period at 12.00pm on Friday 23rd December 2011 and will reopen again until 10.00am on Tuesday 3rd January 2012. Advocates will ...
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An important decision was handed down by the Supreme Court yesterday when it overturned the decision of the Court of Appeal in R (on the application of G) v The Governors ...
020 7489 2165
info@employmentlawadvocates.com
Employment Law Advocates
Hamilton House
1 Temple Avenue
London
EC4Y 0HA