UKSC and JCPC electronic bundle sample - The Supreme Court

AUlh
Tab 13
7. The Aviation Agreement and Directive are part of the European
labour law code on working time, which includes the Working Time
Directive. 1 Clause 3 of the Aviation Agreement is worded in terms
which are, in all material respects, identical to Article 7 of. the
Working Time Directive which confers a right to a minimum of four
weeks' Hpaid annualleave H on the majority of workers.
A
B
8. The structure of pay packages for flight crew and cabin crew varies
from airline to airline. The Appellant pilots are entitled to basic pay,
Flying Pay Supplement ("FPsn) and various allowances, including a
Time Away from Base allowance ("TAFB n ), which is in part taxable. 2
When on annual leave, the Appellants receive only their basic pay.
As the Employment Appeal Tribunal ("EAT") succinctly put it at
paragraph 1 of its judgment, the result of being paid basic pay only
is that ·when [the Appellants] are on annual leave, they are paid
less than when they are working normally».
c
D
9. The principal Issue between the parties on this appeal is whether
the payment of basic pay only, without FPS or the taxable element
of TAFB, meets the requirements of regulation 4 of the Aviation
Regulations.
E
­p.231
10. The parties agreed a Schedule of Issues before the employment
tribunal and agreed that the first issue to be determined was:
-whether as a matter of Domestic and Community Law, paid leave
for the purposes ofRegulation 4 ofthe Civil Aviation (Wor/dng Time)
Regulations 2004 is to be calculated in accordance with Regulation
F
,
Directive 931104/EC of23 November 1993, now consolidated in Directive
200318SIEC. without changes to the wording ofArticle 7
See Statement ofFacts and Issues
G
4
MS Page Number 19 37