British Airways is due in court to fight a union’s attempt to change
its policy on holiday pay for pilots.
Pilots’ union Balpa has gone to the Supreme Court to argue that total
pay – including allowances – must be used in the calculation, not
just basic salary.
Loss-making BA is resisting the claim, which could result in 15,000
staff each getting an average of £600 a year more.
The airline is already battling a separate strike threat from cabin
crew over changes to working conditions.
Pilots receive a basic salary, as well as allowances for flying time,
night flying and time away from base.
British Airways uses the basic salary to calculate pilots’ holiday
pay. The union argues it should be based on total pay, including
allowances.
The pilots’ union Balpa, says that Working Time Regulations set out
how holiday pay should be calculated – as an average of the last 12
weeks’ pay.
But those regulations do not apply to the airline industry, which is
covered by the Civil Aviation Working Time Regulations. The union
argues these don’t specify how holiday pay should be calculated.
And it is not just BA which will be affected by the union’s stance.
“We have tribunals lodged against Virgin, BMI, Easyjet and
Cityflyer,” said Balpa general secretary Jim McAuslan.
“We are also making the case that in the UK, the civil aviation
regulations should be amended to give workers in our industry the
same right to proper holiday pay that everyone else gets.”
Four years ago the union won an employment tribunal on the issue, but
the case eventually moved to the Court of Appeal which backed BA’s
side of the argument.
Now the new Supreme Court is being asked for its ruling.
“We have always been of the view that our holiday pay arrangements
are generous and comply with legislative requirements,” said a BA
spokesperson. “We will continue to resist the claim strongly.”