The European Court of Justice has confirmed that the holiday pay of a worker on a zero hours contract placed on short-time working can be calculated on a pro rata basis.
The Supreme Court has remitted to the employment tribunal the case brought by British Airways pilots in relation to the inclusion of flying allowances in the calculation of their holiday pay, following the results of the reference to the European Court of Justice on whether or not "normal remuneration" during a period of annual leave should include allowances on top of basic pay.
In this case, the employment tribunal found that a worker, who had refused to work more than 48 hours per week, was automatically unfairly dismissed by his employer.