Pilots campaign against increased hours secures backing of Transport Select Committee

Pilots’ union BALPA continues to campaign against EU plans to increase pilots’ working hours. BALPA argues that the proposals present a serious risk of pilot fatigue, putting lives of passengers and staff at risk, and that they run contrary to scientific evidence. In May 2012, the Transport Select Committee of the House of Commons backed BALPA’s position, agreeing that the European proposals, which aim to harmonise the rules governing flying time across Europe, would result in a lowering of current UK standards and would place the safety of passengers and crew at risk.

The proposals include an 11-hour duty period at night, which the Committee agreed “flies in the face of scientific evidence” and raises the possibility of a pilot landing a plane after have been awake for 22 hours.

Forty three per cent of pilots have reported falling asleep involuntarily at some point whilst on duty under the UK’s current regulatory regime, showing that fatigue is already an issue in aviation. The Committee has recommended that the government refuse to sign up to the proposals until they have been revised to take account of safety concerns.

Details of BALPA’s campaign: “Wake up! Tired pilots risk lives”, can be found at: www.balpa.org/Campaigns/Flight-Time-Limitations/Wake-up-campaign.aspx

In October 2012, the Supreme Court gave its decision in British Airways Plc v Williams [2012] UKSC 43; [2012] IRLR 1014, a case representing claims by 2,750 pilots. It has implications throughout and beyond the aviation industry.

The British Airways (BA) pilots’ holiday rights only gave them basic pay during leave time. They argued that their holiday pay should also include their flying pay supplement and time away from base allowance. The case looked at whether paying only basic salary to pilots on annual leave is in breach of Regulation 4 of the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756).

The Supreme Court referred the case to the European Court of Justice (CJEU). It held that a pilot on annual leave was entitled not only to basic salary, but also “to all the components intrinsically linked to the performance of the tasks which he is required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, is provided”. The Supreme Court held that their holiday pay must include these supplements and allowances as well as their basic pay.

The case is of wide significance because the CJEU decision was also relevant to the correct interpretation of the Working Time Regulations which contains holiday rights for most UK workers.

Public services union UNISON commented: “This decision should prompt trade union representatives to review the holiday pay provisions in their workplaces with a view to:

• determining an appropriate pay reference period for particular roles;

• ensuring that all relevant elements of pay, including seniority premiums and other allowances that are intrinsically linked to the performance of the task, as opposed to being genuine expenses allowances, are included.”