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Airlines facing potential avalanche of flight delay claims following staff sickness ruling

Air
Gary Noakes
11 July 2024

The Supreme Court has ruled airline staff sickness doesn’t constitute an “extraordinary circumstance”, opening the door for passengers to claim compensation in the event of a flight delay or cancellation owing to any absence of crew through illness. Gary Noakes reports.

BA still has “a long way to go to restore the trust and confidence” of its workforce, according to Unite

British Airways has fought the case for more than five years (Credit: British Airways)

Judges have left airlines with little room for manoeuvre to avoid paying passengers compensation when staff fall sick following a defeat for British Airways in the Supreme Court.

BA’s loss could have potentially significant repercussions for airlines throughout UK and Europe when flights are cancelled or delayed due to staff illness.

The airline had fought a 2018 case all the way to the Supreme Court, arguing staff sickness amounted to "extraordinary circumstances" under EU261 compensation rules and that this was a get-out clause for airlines during disruption.