Part-time cabin crew member wins pay case


A member of British Airways (BA) cabin crew received less favourable treatment over her pay than a full-timer.


The Court of Appeal has held that Florence Pinaud, a part-time member of cabin crew who was required to be available for 53.5% of the hours of her full-time comparator, but was paid 50% of the full-time salary, was treated less favourably under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. 


Under her contract, Pinaud was required to be on duty for 14 days and off duty for 14 days with a total on-duty availability of 130 days per year, whereas her full-time comparator worked six days on and three days off with availability totalling 243 days per year. 


This meant Pinaud had to be available for 53.5% of the comparable full-timer’s hours but was paid only 50% of the salary. 


Pinaud brought a claim under the regulations. Her claim for less favourable treatment has been upheld by the tribunal, Employment Appeal Tribunal and now the Court of Appeal.


This was a test case and a blow to BA as 628 of Pinaud’s colleagues have claims stayed pending the outcome of her case.


www.bailii.org/ew/cases/EWCA/Civ/2018/2427.html