Van McKellar | Partner


Thousands of Flybe staff are facing a worrying future after the travel company closed their doors.

Meanwhile, many of its customers have been left in limbo, unsure whether their holidays will go ahead or if they’ll get their money back.

The company employed around 2000 people, who have now been left without a job, while huge numbers of holidaymakers have been advised not to travel to airports unless they have made alternative arrangements to reach their destinations.

It’s a nightmare scenario for anyone – to suddenly learn your job no longer exists. So what can you do and what rights do you have? And if you’re a customer of Flybe who’s already paid for your next holiday, can you get your money back?

Employees’ rights

Redundancy payment

Provided that an employee has two years’ continuous service, they will be entitled to statutory redundancy pay. This is based on the employee’s gross salary (subject to a statutory cap of £525 per week), their age and amount of complete years’ completed. A statutory redundancy calculator can be found on the UK Government website.

Notice pay

Employees will be entitled to their statutory or contractual notice payment. In circumstances where the collapse deprived employees of notice pay, the company is in breach of contract, and therefore a sum can be claimed.

Outstanding payments including holiday pay

Any wages owed to employees (including “workers”) at the date of liquidation will be owed to them, and similarly in relation to accrued and outstanding holiday pay.

Protective Award

Employees would be able to claim for Protective Award, to compensate them for failure to consult with them regarding the ultimate redundancy situation. The award for this is up to 90 days’ pay and requires an Employment Tribunal Claim to be raised.

Payment for the National Insurance Fund

In the event the company cannot pay these debts to their employees, applications can be made to the National Insurance Fund for money you’re entitled to.

Employment Tribunal Claims

There are time limits for raising any claim in the Employment Tribunal, and any workers wishing to pursue a claim relating to any of the above claims must do so within three months (subject to any extension provided by participating in ACAS Early Conciliation, which is now compulsory before pursuing a claim).

Customers’ questions

My Flybe flight has been cancelled – will I get my money back?

Unfortunately there is no right to a refund because Flybe has gone into administration.

If you booked your flights or package holiday using a credit or debit card you may be able to get your money back from your bank.

If you spent a total of £100 or more in the same transaction on flights with your credit card, you can claim your money back under Section 75 of the Consumer Credit Act.

If you paid using a debit card, you should ask you bank if you can claim using chargeback.

Some travel insurance policies may also cover flights and package holidays in this event so it is worth checking whether you can claim your money back that way.

Is my Flybe cancellation protected by Atol?

If your Flybe booking is for flights online they won’t qualify for Atol Protection.

If you booked a Flybe package holiday including flights and accommodation you may be covered by Atol. You should check you travel documentation for an Atol certificate. If you have an Atol certification you will receive your money back. Everything paid for as part of a package holiday, including fights, accommodations excursions and car hire, should be refunded. In more specific cases, such as wedding packages, there may be additional things that could be affected. Specialist insurance such as wedding insurance is likely the only way to recover these costs.

I’m currently on holiday and due to fly home with Flybe – what do I do?

If your flights were booked through Flybe, your flight will not be operating.

If you flight was booked via another airline or travel company but was to be operated by Flybe, you should check with the airline or travel company as to whether to flight is operating. 

If you are on a Flybe holiday package covered by Atol the costs for arranging your own travel home will be refunded.

Van McKellar

Van McKellar

Dispute Resolution Team

“I see my role as a problem solver – seeking to understand the factual basis of my clients’ disputes and applying a legal and commercial analysis in seeking to resolve them, whether by negotiation or by means of litigation or some other alternative means of dispute resolution.”

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