Thank you. There is a case on this matter which looked at the pay BA pilots received for their holidays and whether it should only be basic pay or include flight allowances that flight crew usually get.
The Court of Appeal decided that BA is entitled to pay them only basic pay when they take their holidays. They did however refer this to the European Court of Justice which came back with a decision that their pay should not be limited to just basic pay but must reflect ‘normal remuneration’. This means that pilots should be entitled to holiday pay in respect of remuneration (such as flying supplements) that is linked intrinsically to the performance of tasks which they are contractually obliged to perform. In contrast, remuneration (such as time away from base allowances) intended to cover ancillary costs arising at the time of the performance of contractual duties need not be taken into account.
The ECJ’s decision is just advisory though and it is still down to the domestic courts to decide how to interpret that so there is an argument there, coming from the highest court in Europe, that flight crew (and in turn it could certainly be argued cabin crew) should not just get paid basic pay for holidays and in turn sick pay and any other type of pay which relies on the interpretation of what is ‘normal pay’.
Whilst you may certainly raise this with the employer, if they refuse to acknowledge it, the only way to challenge it is to take it to court.
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