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James Medhurst

Holiday pay

29-Mar-2010 / James Medhurst / No Comments

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.

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