British Airways Plc v De Mello & Ors [2024] EAT 53
Appeals relating to the calculation of statutory holiday pay and the approach to be taken in assessing what is normal pay.
At the time when the present claims arose the remuneration of British Airways Cabin Crew involved a large number of allowances, payable in a variety of circumstances, over and above basic pay. This dispute related to which of these allowances should or should not form part of statutory working time holiday pay, in particular in accordance with applicable principles of EU Law.
This decision addresses the approach to be taken to the concept of normal pay for these purposes, particularly where there is an issue as to whether an allowance should be viewed as a performance payment, and part of normal pay, or an expenses payment, and not part of normal pay. It also considers the current legal position in relation to the concept of a “series” of deductions, in light of the decision of the Supreme Court in Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33; [2024] ICR 51.
[Summary reproduced from the judgment]
https://caselaw.nationalarchives.gov.uk/eat/2024/53
Published: 02/05/2024 09:32