Airlines must pay compensation if pilots call in sick, UK Supreme Court rules

UK airlines face the prospect of paying out millions of pounds in new compensation claims after the Supreme Court ruled that passengers should be paid compensation if a flight is cancelled because of pilot illness. The UK’s highest court on Wednesday ruled that a British Airways subsidiary was wrong to refuse to pay £200 in compensation to UK couple Kenneth and Linda Lipton after their flight from Milan to London City Airport was cancelled in 2018 because the pilot did not report for work because of illness. In a summary of the judgment, the court said that “although the sum at stake is small, the decision has the potential to affect tens of thousands of claims which are made annually”. Under consumer rights law, airlines do not have to pay passengers compensation if a flight is cancelled because of “extraordinary circumstances” that are beyond the company’s control. BA Cityflyer had refused to pay the compensation claims for the cancelled flight from Milan, where it does not base spare crew, on the grounds that pilot illness was an “extraordinary circumstance”, a decision initially upheld by a county court. The couple unsuccessfully appealed in a county court before moving up to the High Court, which found in their favour. The airline appealed in turn to the Supreme Court. Finding against BA Cityflyer, the Supreme Court judges unanimously ruled that a pilot’s absence through sickness “cannot be categorised as extraordinary”. The court said: “Staff illness is commonplace for any business. Just as wear or tear of an aircraft’s physical components is considered an inherent part of an air carrier’s activity, so too is managing illness of staff.” In a statement, BA said: “We are disappointed with this decision and respect the judgment of the court.” Consumer rights company Which? welcomed the decision, which it said was “highly significant for travellers”.<br/>