Compensation for delayed flights Discussion Area

legal_magpie

In the light of what you now say, I agree that you should have the whole amount of compensation.

JPears

Your story is as I suspected.
I think it is now time to play hardball with the school.
Print off the regulation 261/2004 for the benefit of your employers, highlighting the fact that the regulation only mentions the passenger.

legal_magpie

And remind them that the compensation is NOT income and is not subject to tax.

jpsartre

Bulbasaur wrote: »

We worked damn hard under stressful conditions but have sought no payment from the school for this, as it!!!8217;s one of those things we do.

If it's considered part of your job and part of what you're paid for you can't expect to be compensated on top of it. Or at least, it would be subject to internal guidelines at your place of work. That's my opinion anyway. If I am delayed during a work trip and I am being paid by my employer during the delay, I would never expect to receive compensation on top. It's different if the delay is coming out of my own (unpaid) time.

Justice13075

Law quite clear and has already been spelled out to you. Now is the time to challenge the school.

jpsartre

Justice13075 wrote: »

Law quite clear and has already been spelled out to you. Now is the time to challenge the school.

The law is clear but there's nothing to prevent an employer from having internal guidelines about these things.

Justice13075

Correct me if I am wrong but I thought EU legislation holds Primacy over School policy.

jpsartre

Justice13075 wrote: »

Correct me if I am wrong but I thought EU legislation holds Primacy over School policy.

Of course, nobody is suggesting otherwise. An employer cannot claim EU compensation on behalf of an employee, that much is clear in the law. But there is (to my knowledge) nothing illegal about an employer having their own rules about what happens with that compensation when it is paid out for travel issues that occur during time and on flights paid by the company. E.g. a company may have a policy that the compensation be handed over to them. There is nothing in EU261 that prevents this.

Justice13075

The question I ask is why did the employer get the compensation in the first place and why was it not given directly to the staff and pupils. The school cannot claim for the delay compensation.

jpsartre

Justice13075 wrote: »

The school cannot claim for the delay compensation.

I agree and the issue about deducting tax and NI also sounds like a screw-up.