Flight Compensation Claims For Delays And Cancellations Caused By Airline Crew Sickness

One of the most contested areas of flight compensation law is whether crew sickness is an extraordinary circumstance under EU Regulation 261.

However, as recently as July 2024, the Supreme Court ruled in favour of passengers, determining that crew sickness is not an extraordinary circumstance and that delays and cancellations caused by it are claimable.

Can You Claim Flight Compensation For Crew Sickness?

Yes, you can claim compensation under EU Regulation 261 if your flight delay or cancellation was caused by airline crew sickness. You are legally entitled to claim compensation if the airline is unable to provide adequate crew or staff to operate your flight whether it is related to crew sickness or any other reason.

Is Crew Sickness An Extraordinary Circumstance?

No, crew sickness is not an extraordinary circumstance under EU Regulation 261. The Supreme Court most recently upheld this in July 2024. Therefore, if your flight has been delayed or cancelled because of staff shortages, you will be able to claim compensation.

Extraordinary circumstances are events that are outside of the airline’s control. Staff shortages fall outside that category, as just like any other business with employees, the airline is responsible for ensuring staffing levels are available to carry out the services it provides to its customers.

EU Regulation 261 states that maintaining staffing levels is inherent to airline operation and, therefore, part of the airline’s responsibility to its passengers.

Part of the airline’s responsibility is to have staff, including pilots and cabin crew, on “stand-by” to cover if any scheduled staff are unable to work due to illness.

In addition, for safety reasons, airlines require their staff to have a ‘higher barrier’ of fitness and health when working on board an aircraft.

Can I Claim Flight Compensation If My Flight Is Delayed Because The Pilot Is Sick Or Unavailable?

Yes, you would be able to claim compensation if your flight is delayed or cancelled because the airline does not have a pilot available to fly the plane. The airline’s responsibility to maintain adequate staffing levels includes airline pilots, and the airline should make arrangements for this as part of its operation.

The only exception is if a pilot becomes ill during the flight and cannot continue with his responsibilities.

Can I Claim Flight Compensation If The Cabin Crew Is Sick Or Unavailable?

Yes, you would be legally entitled to claim compensation if your flight is cancelled or delayed due to a lack of cabin crew to operate the flight.

The only exception would be if a cabin crew member fell ill during the flight and the flight had to be diverted.

Can I Claim Flight Compensation If My Flight Is Delayed By The Crew Running Out Of Hours?

Yes, you would be able to claim flight compensation if your flight was delayed or cancelled because the crew timed out.

For safety, contractual, and legal reasons, airline crew can only work a certain number of hours before they have to rest. However, co-ordinating staff in such circumstances is an integral part of an airline’s operation and is the airline’s responsibility.

How Do I Know If My Flight Is Eligible For Flight Compensation?

EU Reg 261 protects airline passengers whose flights departed from or arrived at a UK or EU airport on a UK or EU airline. You can claim for delayed flights that departed in the last six years.

Under UK law, you will be able to make a claim for EU261 compensation if your flight:
Departed from the UK
Arrived in the UK on a UK or EU airline
Arrived in the EU on a UK airline

Under UK law, you will be able to make a claim for EU261 compensation if your flight:

How Much Compensation Can I Claim For Flight Delays And Cancellations Caused By Crew Sickness?

The maximum amount of compensation you can claim for a delayed flight is £520 per passenger. How much you can claim will depend on how many hours your flight was delayed and the flight distance.

The level of compensation increases the longer your flight is delayed and the further the distance of your flight. You can claim for each passenger individually. If you were a family of four and were due £520 each, the total amount would be £2080.

The compensation amounts are fixed and unrelated to the ticket cost, the class of the fare you booked or whether you used air miles.

Our table below shows how much flight compensation you could claim. Please see our guide on claiming compensation for flight cancellations for the amounts you can claim for cancellations. Additionally, depending on the length of your delay or if your flight is cancelled, you may be able to get a flight refund.

Important “Crew Sickness” Related Court Cases

Lipton v BA City Flyer – July 2024

The Supreme Court ruled in favour of the passengers, Mr. and Mrs. Lipton.

Their flight from Milan to London was cancelled due to their pilot falling ill at short notice. They were placed on another flight, which arrived 2 hours and 36 minutes later than their original scheduled arrival time.

Initially, BA Cityflyer Ltd defended against the claim, but all five Supreme Court justices unanimously rejected the airline’s appeal.

In their judgment, Lord Sales and Lady Rose emphasised that the timing of the pilot’s illness was irrelevant, stating that the crew member is always an “inherent part of the airline’s operation,” whether on duty or not.

With the support of Lord Lloyd-Jones, Lord Burrows, and Lady Simler, they explained: “If a pilot drinks and becomes unfit for duty, leading to a flight cancellation, this is inherently part of the airline’s operations.”

They further noted that the same principle applies to the need for the captain and cabin crew to be well-rested during stopovers, as they have numerous obligations to both their employers and the public during these periods.

“These responsibilities are inherent to the airline’s operations, and if they are unable to work due to issues arising during rest periods, whether their fault or not, it is not considered an extraordinary circumstance.”

Davies V British Airways

We represented Mr and Mrs Davies against British Airways for their delay caused by crew sickness.

In this case, District Judge Beck went into depth about inherency and reasonable measures when it comes to crew sickness, saying:

“It is an inescapable fact that, on a day-to-day basis, members of staff become ill, and some are taken ill at extremely inconvenient times.

The Judge added that if an airline chooses not to pay for relief staff at airports, it should expect to pay compensation when staff fall ill.

In short, Judge Beck ruled that crew sickness is inherent in the normal running of an air carrier and, therefore, cannot be classed as an extraordinary circumstance. Additionally, British Airways could not prove that it had taken ‘all reasonable measures’ to avoid the delay and should accept the consequences by paying the passengers compensation.

Marchbanks Vs Virgin Atlantic

We are aware that some passengers have had their compensation claim rejected by citing Marchbanks V Virgin Atlantic.

Some airlines have said that this case proves crew sickness is an extraordinary circumstance because Virgin Atlantic won the case. However, the airlines do not mention that the passengers did receive flight compensation in this case.

Marchbanks was a litigant in person (meaning a person who represented themselves in court without the help of a lawyer) who lost the court case against Virgin.

Bott and Co. were aware of the case and had clients on the same flight as Marchbanks, so we requested permission to appeal the decision.

When Virgin Atlantic discovered Bott and Co had become involved and had been granted permission to appeal, the airline paid the compensation. It withdrew the case, making it impossible for the appeal hearing to take place. This means that the court case airlines are quoting when refusing compensation is actually a case in which passengers received compensation.

Have You Had A Flight Compensation Claim Rejected By The Airline?

Contact us if you have had a crew-related flight compensation claim rejected by the airlines. The most recent Supreme Court ruling means that
these claims can be resubmitted, and as the ruling is law, the claims will be found in favour of the passengers.

Start your no win no fee claim with us by adding your details to our flight claims calculator and our award winning flight claims solicitors will represent you against the airline.