CASE AGAINST BRITISH AIRWAYS - JUSTICE TO GET WHAT’S RIGHTLY OURS

by Diane O'Dwyer

CASE AGAINST BRITISH AIRWAYS - JUSTICE TO GET WHAT’S RIGHTLY OURS

by Diane O'Dwyer
Diane O'Dwyer
Case Owner
In 2019, 5 British Airways workers and I won our case in the Employment Tribunal regarding holiday pay entitlement. I worked for British Airways as a cabin crew for 18 years.
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Diane O'Dwyer
Case Owner
In 2019, 5 British Airways workers and I won our case in the Employment Tribunal regarding holiday pay entitlement. I worked for British Airways as a cabin crew for 18 years.
Pledge now

This case is raising funds for its stretch target. Your pledge will be collected within the next 24-48 hours (and it only takes two minutes to pledge!)

In 2019, 5 British Airways workers and I won our case in the Employment Tribunal regarding holiday pay entitlement. We brought a claim alleging that BA did not pay us our proper normal remuneration when we took annual leave. It was an illegal deduction of wages claim. The Employment Judge Lewis agreed with us and concluded that meal allowances, amongst other allowances, are included within the allowances, which are to be considered as part of pay for holiday pay purposes. However, due to a ruling in a case called Bear Scotland v Fulton UKEAT/0047/13/BI, we have been denied full compensation because the Tribunal ruled that it could not depart from Bear Scotland if our deductions were not made consecutively; no longer than three months from each deduction. Click here to view our judgment.

The judgment has been appealed and is currently in the Employment Appeal Tribunal. The hearing is due to take place over two days on 4 and 5 October 2022. The appeal is very important because it seeks to overturn the case of Bear Scotland, which will have far-reaching ramifications for all pay claims, not just holiday pay claims.

How Much We Are Raising and Why?

British Airways are currently in the news due to staff shortages, cancelled flights, long delays, and lower-paid workers, which has resulted in calls for industrial action. 

The unions say the majority of staff are lower-paid women.

BA cabin crew members were paid holiday pay at the basic salary rate. Our allowances formed a large part of the cabin crew’s salary and were not considered when calculating holiday pay. The pay deduction meant we received significantly less than we had worked for. So, we were penalised for taking annual leave, which is every worker’s entitlement.

Our legal team

When we took this case to the Tribunal in 2019. We successfully raised £2000 through crowdfunding. However, due to the judgment being appealed, we need to raise more money to pay our legal fees. This is a complex appeal, and we have instructed the best lawyers who have previously represented Gary Smith in his successful holiday pay appeal against Pimlico Plumbers. We are delighted to have Jacqueline McGuigan from TMP Solicitors LLP on board. We also have Nicola Newbegin barrister at Old Square Chambers. Michael Ford QC is also assisting us.

We ask for your help and support to fight this case and get justice for BA workers.

 Unfortunately, cabin crew staff are low-paid workers, meaning the average employee cannot afford to pay to challenge this injustice, and BA knows this.

 However, BA has deep pockets, and we need help to fight them. This case will have far-reaching benefits and impact all crew members and employees in other organisations. This is an issue that I believe impacts widely on workers’ rights nationwide.

To continue this appeal, we need to raise a minimum of £30,000. 

This case will enable all cabin crew employees in the UK to receive what is rightfully theirs 17 years later.

Your financial contribution and support will help us fight this injustice and hold the BA managers to account. This case was started in 2005, and we are still fighting for our rights. We aim to help those who earn basic pay topped up with variable allowances/commissions not lose out when taking annual leave.

Thank you for your time and help towards this cause.

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