Originally Posted by
strichener
The use of the word excuse was in relation to liability for EC261. I stand by the use of it.
You can stand by it, but it won't help you succeed in a claim for compensation. My advice is to concentrate on the relevant legal and evidential issues. It matters not which fleet normally operates a particular route, BA state a particular flight is cancelled because of industrial action, that is not an excuse in law but a reason. To succeed in an EC261 claim a claimant needs to demonstrate that the reason for the cancellation (the 'industrial action') is not an extraordinary circumstance under the Regulation.
Any sensible airline faced with industrial action will redeploy its available workforce in order to operate an optimum schedule and to minimise disruption to as many customers as possible. This is why you see QR aircraft operating non-MF routes, why WW/EF/GF crew are operating some MF sectors and why some WW/EF flights are being cancelled. The strike is not an excuse for the cancellations but the reason.