Tribunal can assess paid leave entitlement

British Airways plc v Williams and others SC TLR 2 November

Where a group of airline pilots claimed that their entitlement to paid annual leave under European Directives should include regular supplementary allowances as well as basic pay and, on a reference by the Supreme Court, the Court of Justice of the European Union had stated that the Directives required annual leave payments to correspond to ‘normal remuneration’, assessed as being the average over a representative period of all remuneration save that intended exclusively to cover costs, the absence of a detailed domestic legislative scheme implementing the Directives did not preclude an employment tribunal from making such an assessment.