UKSC and JCPC electronic bundle sample - The Supreme Court

IN THE EMPLOYMENT TRIBUNAL
LONDON SOUfH
Case Nos: 33127012006 & others
Cas. No.: 331487512006 & others
BETWEEN:c
SALLY WILLIAMS AND OTHERS
Claimants
-and-
BRITISH AIRWAYS PLC
Respondent
STATEMENT OF AGREED FACTS
1. The Claimants are all pilots employed by the Respondent. The Claimants are
all ''flight crew" for the pUlposes of the Civil Aviation (Working Time)
Regulations 2004 (''the Regulations"). The Claimants are covered by
collective agreements called the Pilot Officers· Memorandum of Agreement
('MOA') and the Bidline Rules, the relevant sections of which are
incorporated into individual contracts of employment. The collective
agreements together set out the arrangements for the taking of annual leave.
The Respondent contends that the provisions of the BidIine rules and the
'MOA have the effect that holiday pay is limited to basic pay. The Claimants
reserve their position on that contention.
2. The Oainiants pilot the Respondent's aircraft in return for which they receive
a basic salary, Flying Pay and various allowances based on their trip including
Time Away From Base Allowance ('TAFB'). Flying Pay is paid at a rate of
£10.00 for each flying hour and TAFB at a rate of£2.73 per hour. Flying Pay
is fully taxable whilst only 18% ofTAFB is taxable.
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