New Judgment: British Airways plc v Williams & Ors  UKSC 16
24 Wednesday Mar 2010
On appeal from:  EWCA Civ 281.
The issue before the Court was whether there was an entitlement to certain pay supplements as part of pilots’ right to “paid annual leave” under the Aviation Directive. The Supreme Court held unanimously that the appeal raised an issue of general principle, and referred questions to the Court of Justice of the European Union. The Court noted that the legal basis of the relevant Directives was to protect health and safety, and that the present leave arrangements for pilots did not pose a risk. It was not clear whether “paid annual leave” has a closely defined autonomous European meaning or whether individual Member States retain a discretion to define the term.