Travel Question: Are we due a payout after cabin crew were poorly?

Have a question? Ask our expert Simon Calder

Simon Calder
Friday 29 March 2019 09:45 EDT
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Tapas were off the menu when a flight was cancelled due to staff unwellness
Tapas were off the menu when a flight was cancelled due to staff unwellness (Getty/iStock)

Q My British Airways flight from Spain to London was cancelled because of cabin crew sickness. It caused a great deal of trouble and stress. Can I claim compensation?

Name withheld

A You can try for €250 (£214) compensation stipulated by European air passengers’ rights rules for cancellations and long delays on flights of this length. But I am not sure whether you will be successful with a claim.

The cash is payable unless the cause was “extraordinary circumstances that could not be avoided even if all reasonable measures had been taken”. The claims specialist Bott & Co believes disruption caused by staff sickness should qualify for compensation, saying: “It is inevitable that employees will fall ill at some point. Unexpected staff illness is inherent in any business that employs human beings for that very reason.

“Many industries put measures in place to avoid disruption when employees call in sick. For example, schools have substitute teachers on-hand throughout the year to make sure classes can continue when permanent teachers are unable to work.”

But airlines counter that it would not be reasonable to expect them to station a standby member of cabin crew, and by extension a pilot, in each of the destinations they serve – or alternatively overstaff each flight in case of staff sickness.

If your claim is initially declined but you want to test this in law, then you can take the case to Money Claim Online. But it may just mean you end up investing yet more time, stress and money without a positive result.

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