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Airline pilots' holiday pay should be calculated on the basis of their earnings during a representative period, including a ‘flying pay supplement', payable in addition to their fixed salary, for all hours spent flying. That is not necessarily the amount they would have been likely to earn had they not taken their holiday. In this case, that meant that an amount representing the flying pay supplement should be included in holiday pay even though pilots may have exceeded the limit on their annual flying hours. The pilots' complaints about the amount of holiday pay could be made to an employment tribunal.
The status of employment rights on the transfer of an undertaking is an extremely complex area of...