Claim Flight Compensation For Delays And Cancellations Caused By 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, meaning flight delays and cancellations that are caused by airline crew falling ill are eligible for compensation.

Crew-related delays can also occur for other reasons, including a lack of available pilots or cabin crew, crew reaching their permitted working hours, or the need for crew to take mandatory rest periods. In this guide, we explain what these different reasons mean and when you may be entitled to claim compensation.

Can You Claim Flight Compensation For Crew Sickness?

Yes, you may be able to claim compensation up to £520 under EU Regulation 261 if your flight delay was caused by airline crew sickness.

If your flight has been cancelled due to crew sickness, you are entitled to a refund or a replacement flight, and, depending on when your replacement flight departs and arrives at your final destination, you may also be due compensation.

You are legally entitled to claim compensation if the airline is unable to provide sufficient crew or staff to operate your flight, whether it is related to crew sickness or any other reason.

Which Flights Are Covered By EU261 For Delays Caused By Crew Sickness?

You may be able to claim compensation if crew sickness or another crew-related issue causes you to arrive at your final destination at least three hours late, or results in your flight being cancelled.

Under EU261 or UK261, you may be able to claim compensation for delays and cancellations caused by crew sickness for the following flights:

• Flights departing from the UK, regardless of the airline
• Flights departing from the EU, regardless of the airline
• Flights arriving in the UK from outside the UK when operated by a UK or EU airline
• Flights arriving in the EU from outside the EU when operated by an EU airline.

What Is A Crew Related Delay?

Your airline may tell you that your flight has been affected by a “crew-related delay”. This is a general term for a delay caused by the airline not having enough pilots or cabin crew available to operate the flight as scheduled.

A crew-related delay can occur because a pilot or member of the cabin crew is sick and there are not enough replacement crew available, or because crew have reached their permitted working hours and are required to take a rest period before they can fly again.

Airlines may also use terms such as “crew availability”, “crew regulations”, “crew rest” or say that the crew have “timed out” to describe the reason for the delay.

One of the most common causes of a crew-related delay is crew sickness, and whether this should be considered an extraordinary circumstance has been the subject of significant legal debate.

Is Crew Sickness An Extraordinary Circumstance?

No, crew sickness is not an extraordinary circumstance under EU Regulation 261. The Supreme Court most recently confirmed this in July 2024 in the case of Lipton v BA Cityflyer, ruling that a pilot’s unexpected illness did not amount to an extraordinary circumstance.

Extraordinary circumstances are events that fall outside of the airline’s control. Crew sickness does not fall into this category because, like any business with employees, airlines are responsible for managing staff sickness and ensuring they have sufficient crew to operate their flights.

In Lipton v BA Cityflyer, the Supreme Court found that managing the unexpected absence of staff due to illness is an inherent part of an airline’s normal operations. This was the case even though the pilot became ill unexpectedly while off duty.

Part of an airline’s responsibility is to plan for staff sickness, including having pilots and cabin crew on standby who can replace scheduled crew who are unable to work.

The Supreme Court also recognised that airline crew are subject to particularly strict health and fitness requirements for safety reasons. This means airlines should expect that pilots and cabin crew may occasionally be unable to work because they do not meet the required standard of fitness to fly.

Can I Claim Compensation If My Flight Has Been Delayed Because The Pilot Is Sick?

Yes, you may be able to claim compensation if your flight is delayed or cancelled because the pilot is unwell and the airline is unable to provide a replacement to operate the flight.

Airlines are responsible for planning for staff sickness and should have replacement pilots available when scheduled crew are unable to work.

A pilot becoming ill does not make the resulting disruption an extraordinary circumstance.

This was confirmed in Lipton v BA Cityflyer, where the pilot became ill unexpectedly while off duty shortly before he was due to operate the flight. The Supreme Court ruled that managing unexpected staff sickness is an inherent part of an airline’s normal operations.

An exception may apply if a pilot becomes ill during the flight and cannot continue carrying out their duties.

Can I Get Compensation For A Flight Delay Caused By Cabin Crew Sickness?

Yes, you may be able to claim compensation if your flight is delayed or cancelled because there are not enough cabin crew available to operate the flight.

Similarly to pilots, airlines must plan for cabin crew sickness and have replacement crew available when scheduled staff are unable to work.

The position may be different if a member of the cabin crew becomes unwell after the flight has departed. If their illness requires the aircraft to divert, the resulting disruption may be considered outside of the airline’s control.

Can I Claim Compensation If A Pilot Or Crew Member Becomes Ill During The Flight?

You may not be entitled to compensation if a pilot or member of the cabin crew becomes ill after your flight has departed and the aircraft has to divert as a result.

This is different from a pilot or crew member being unavailable because of sickness before the flight. Airlines are expected to plan for staff sickness and have sufficient crew available to operate their scheduled flights.

However, if a crew member becomes unexpectedly ill during the flight and the aircraft needs to divert so they can receive medical attention, or because they can no longer carry out their duties, the circumstances may be considered outside the airline’s control.

What Does A “Flight Crew Regulations Delay” Mean?

If your airline tells you that your flight has been delayed because of “flight crew regulations”, it will usually mean that the pilots or cabin crew have reached the maximum number of hours they are permitted to work and cannot continue operating the flight.

Flight crew working hours are restricted for safety reasons. Once crew reach their permitted duty limits, they must stop working and take a mandatory rest period before operating another flight.

This can happen when an earlier flight is delayed, and the crew remain on duty for longer than originally scheduled.

If they reach their permitted working hours, the airline must find replacement crew or delay the flight until the original crew have completed their required rest period.

If the airline is unable to find adequate replacement crew, you may be able to claim compensation.

However, your right to claim will depend on why the crew reached their permitted working hours and what caused the disruption.

Can I Claim If My Flight Is Delayed Because Of A Lack Of Cabin Crew Availability?

Yes, you may be able to claim compensation if your flight is delayed or cancelled because the airline does not have enough pilots or cabin crew available to operate the flight.

Crew availability generally means the airline does not have enough pilots or cabin crew available to operate the flight. This could be due to staff sickness, crew scheduling issues, or a lack of replacement crew when needed.

Airlines are responsible for ensuring they have sufficient crew available to operate their scheduled flights. If a lack of available crew causes your flight to be delayed or cancelled, the disruption would generally be considered within the airline’s control.

Can I Claim If My Flight Is Delayed Because The Crew Timed Out?

You may be able to claim compensation under EU261 if your flight is delayed because the pilots or cabin crew have “timed out” and the airline does not have a replacement crew available.

When an airline says that its crew have timed out, it means they have reached the maximum period they are permitted to remain on duty and cannot continue working until they have taken the required rest period.

Whether you can claim compensation will depend on why the crew timed out. If the airline could reasonably have planned for the crew reaching their permitted working hours or provided replacement crew, you may be entitled to compensation.

However, if an event outside of the airline’s control caused the crew to unexpectedly reach their working-hour limit, your right to compensation will depend on the circumstances that led to the delay.

Can I Claim If My Flight Is Delayed Because Of “Crew Rest Requirements?”

Yes, you may be able to claim compensation if your flight is delayed or cancelled because of crew rest requirements.

You may hear your airline use the term “crew rest requirements” to explain why your flight has been delayed or cancelled. This means pilots or cabin crew must take a required rest period before they can operate your flight.

Airlines must ensure their crew receive sufficient rest between the periods they are on duty. These requirements exist for safety reasons and prevent pilots and cabin crew from flying or continuing to work when they haven’t had the required rest.

However, your right to claim will depend on the circumstances that resulted in them being unavailable to operate your flight.

Can I Claim If An Issue On An Earlier Flight Causes My Crew To Be Unavailable?

Yes, you may be able to claim compensation if disruption to an earlier flight results in the crew being unavailable to operate your flight.

Airlines often schedule the same pilots and cabin crew to operate several flights during the day. This means the crew due to operate your flight may first be working on another flight.

If that earlier flight is delayed, the crew may not arrive in time to operate your flight as scheduled. The delay could also cause them to reach their permitted working hours, meaning they are no longer allowed to operate your flight.

How Much Compensation Can I Claim If Crew Sickness Delays My Flight?

You can claim up to £520 per passenger if your flight is delayed or cancelled because of crew sickness or another crew-related issue that is the airline’s responsibility.

The level of compensation increases the longer you are delayed and the further the distance of your flight.

Compensation amounts are fixed and unrelated to the ticket cost, the fare class you booked, or whether you used air miles. You can claim for each passenger individually. If you were a family of four and were due £520 each, the total amount would be £2,080.

Our table below shows how much flight delay compensation you could claim.

What Are My Rights While Waiting At The Airport For A Replacement Crew?

If your flight is delayed while the airline arranges a replacement pilot or cabin crew, you may be entitled to care and assistance while you wait.

When the airline must provide care and assistance depends on your flight distance and how long you are delayed.

Once these waiting times are reached, the airline should provide you with reasonable food and refreshments and a way to communicate, such as two phone calls or emails.

If your delay means you need to stay overnight, the airline should also provide hotel accommodation and transport between the airport and your hotel.

These rights are separate from your right to claim compensation for the delay.

Has Your Crew Sickness Flight Compensation Claim Been Rejected By The Airline?

If your airline has rejected a flight compensation claim because it says crew sickness was an extraordinary circumstance, you may still be entitled to compensation.

In July 2024, the Supreme Court ruled in Lipton v BA Cityflyer that a pilot becoming unexpectedly ill before a flight was not an extraordinary circumstance. The judgment confirmed that managing unexpected staff sickness is an inherent part of an airline’s normal operations.

This is particularly important if your airline previously rejected your claim because a pilot or member of the cabin crew was sick. Depending on the circumstances of your claim and when the disruption occurred, you may be able to submit your claim again.

Start your no win no fee claim by adding your flight details to our flight claims calculator. Our award-winning flight claims solicitors will assess your claim and, if we believe you are entitled to compensation, represent you against the airline.

Important Court Cases Involving Crew Sickness And Compensation For Flight Delays

There have been several important court cases clarifying the law in relation to crew sickness and flight compensation.

These cases have helped establish that airlines cannot treat ordinary staff sickness as an extraordinary circumstance to avoid paying compensation.

Lipton v BA Cityflyer – Supreme Court, July 2024

Lipton v BA Cityflyer is the most important and most recent UK judgment involving crew sickness and flight compensation.

The case involved a BA Cityflyer flight from Milan to London that was cancelled after the pilot became unexpectedly ill while off duty shortly before the flight.

BA Cityflyer argued that the pilot’s illness was an extraordinary circumstance and therefore it should not have to pay compensation.

In July 2024, the Supreme Court unanimously rejected this argument. It found that staff sickness and the need to manage unexpected absences are inherent in the normal operation of an airline.

The judgment provides important clarification for passengers whose flights are delayed or cancelled because a pilot or member of the cabin crew is sick.

Davies v British Airways

Bott and Co represented passengers in Davies v British Airways after their flight was affected by crew sickness.

The court found that crew sickness was inherent in the normal operation of an airline and considered whether British Airways had taken all reasonable measures to avoid the disruption.

The case was particularly important because it considered the steps airlines should take to deal with staff sickness, including the availability of replacement crew.

Marchbanks v Virgin Atlantic

Marchbanks v Virgin Atlantic was previously relied upon by airlines when rejecting compensation claims involving crew sickness.

Although the original passenger lost the case, Bott and Co represented other passengers who travelled on the same flight and obtained permission to appeal the decision.

Virgin Atlantic subsequently agreed to pay the compensation, and the appeal was withdrawn. As a result, the appeal court never tested the original decision.

The later Supreme Court judgment in Lipton v BA Cityflyer has now provided much clearer authority on the issue, confirming that ordinary crew sickness is not an extraordinary circumstance.