The Supreme Court has referred the question of what is meant by "paid annual leave" in the Civil Aviation Directive (2000/79/EC) and the Working Time Directive (93/104/EC) to the European Court of Justice. The issue arises in a claim by pilots that British Airways breached the statutory holiday pay requirements when it calculated pilots' paid annual leave by reference to their basic salary rather than what they would expect to earn when flying allowances were added.
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