The ECJ has provided further clarity as to what comprises holiday pay, holding that holiday pay for pilots must include supplementary payments received for time spent flying as well as allowances for professional and personal status, as they should receive their normal remuneration.

Any payment received to cover occasional or ancillary costs related to performing work-related duties need not be included.

Key point: This decision is in line with the correct interpretation of the EU Working Time Directive and the EU Civil Aviation Directive and is intended to prevent employees from being deterred from taking annual leave.

Williams and others v British Airways Plc 2011