Who is responsible for handling staff shortages?
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Join Date: Aug 2007
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Who is responsible for handling staff shortages?
Hi, I wondered if anyone in the industry can help me with this one.
In practice, airlines use a baggage handling agent and presumably this means using the agent(s) already available at the airport they’re operating at.
But is it the airline that’s responsible for the baggage handling and they subcontract it, or is the airport responsible?
The reason I’m asking is because we are claiming against an airline for a flight delay under EU 261/2004. The delay was due to a lack of baggage handlers, which had been ongoing for weeks and was well documented by the press. The airline is claiming it was “unexpected and therefore outside of our control”. My view is that they were well aware of the issues and are directly responsible for ensuring they have appropriate staffing, even if they sub-contract those roles.
In practice, airlines use a baggage handling agent and presumably this means using the agent(s) already available at the airport they’re operating at.
But is it the airline that’s responsible for the baggage handling and they subcontract it, or is the airport responsible?
The reason I’m asking is because we are claiming against an airline for a flight delay under EU 261/2004. The delay was due to a lack of baggage handlers, which had been ongoing for weeks and was well documented by the press. The airline is claiming it was “unexpected and therefore outside of our control”. My view is that they were well aware of the issues and are directly responsible for ensuring they have appropriate staffing, even if they sub-contract those roles.
A good lawyer will always advise a client who faces a claim for money to "try it on" and come up with some BS excuse. In many cases, the person making the claim will give up and go away, particularly when it's from a non-lawyer who is claiming no more than a few hundred pounds. When you buy a ticket from an airline, the contract is with the airline - you have no contract with the airport or handling agent and if you write to the airport or handling agent, they wil (correctly) refer you to the airline.
You will likely have to write to the airline maybe 2 or 3 times, refuting any BS excuses, and possibly threatening court. Eventually the airline may back down and pay money for your claim.
You will likely have to write to the airline maybe 2 or 3 times, refuting any BS excuses, and possibly threatening court. Eventually the airline may back down and pay money for your claim.
Agree with David above, the first answer is inevitably "no" so you have to be persistent. However to answer your question; normally the airline appoints a handling agent who provides check-in, manning of departure gates, loading bags into aeroplanes, removing bags from aeroplanes and delivering to reclaim and dealing with airbridges/steps and the push-back operation. May even provide some engineering support.
Who the agent is will depend. If the airline only has a couple of movements / day, they maybe subcontract to an "existing" agent. If they have enough flights, they may have their own staff. They may subcontract from an independent company (like Menzies) or an associated company (for example Norwegian Air Shuttle and Red Handling.) The changes are the handling agent has service level agreements with the airline so if compensation is paid to passengers (or to the airport) they will foot the bill if they failed.
As they say "it all depends".
Who the agent is will depend. If the airline only has a couple of movements / day, they maybe subcontract to an "existing" agent. If they have enough flights, they may have their own staff. They may subcontract from an independent company (like Menzies) or an associated company (for example Norwegian Air Shuttle and Red Handling.) The changes are the handling agent has service level agreements with the airline so if compensation is paid to passengers (or to the airport) they will foot the bill if they failed.
As they say "it all depends".
As already mentioned the airline will usually specify the level of service it requires in the contract with the handling agent . On the whole most contracts are based on the standard contract and then specify which sections are included/excluded.
It often includes specifics such as number of check in desks at specific times, or it may be based on maximum queue lengths at say economy, business and/or first class check in.
It may include time requirements based on arrival/departure times. Such as inbound requirements for first/last baggage delivery, cargo delivery, steps/airbridge/chocks etc. There are likely to be departure targets such as doors closed by STD minus 3 mins, 5 mins etc
The contract will usually contain penalties should the handling agent not meet the requirements. These can be per flight (such as a discount or no payment for that flight) or over a period of time such as a month, more than perhaps "X" minutes of cumulative delay or % of delays etc
It is very unusual for there to be penalties in the other direction. The more usual method is that there is an agreement that the contractural penalties will not apply if a flight is more than "X" minutes off schedule.
However, it is my view that a passenger contracts with the airline and not the handling agent. The airline is responsible for managing their contracted agents - fuellers, caterers, handling agent etc.
I'd suggest that these days airlines are mainly concerned with the financial performance of the contract and assume that the contractural penalties take care of the service level.
I have certainly in the past been involved in negotiations where there was discussion about price versus service level - there was a willingness to get a cheaper price by accepting a lower standard of service.
Also (as mentioned) I have received company legal advice when either trying to advance or defend a particular position.
That advice is usually along the lines of "there is no legal reason why you cannot use that argument/take that position, should it end up in court that position is arguable/unlikely to be sustainable".
I'm afraid this is really all only a very, very brief summary of how the relationship is between airlines and handing agents.
It often includes specifics such as number of check in desks at specific times, or it may be based on maximum queue lengths at say economy, business and/or first class check in.
It may include time requirements based on arrival/departure times. Such as inbound requirements for first/last baggage delivery, cargo delivery, steps/airbridge/chocks etc. There are likely to be departure targets such as doors closed by STD minus 3 mins, 5 mins etc
The contract will usually contain penalties should the handling agent not meet the requirements. These can be per flight (such as a discount or no payment for that flight) or over a period of time such as a month, more than perhaps "X" minutes of cumulative delay or % of delays etc
It is very unusual for there to be penalties in the other direction. The more usual method is that there is an agreement that the contractural penalties will not apply if a flight is more than "X" minutes off schedule.
However, it is my view that a passenger contracts with the airline and not the handling agent. The airline is responsible for managing their contracted agents - fuellers, caterers, handling agent etc.
I'd suggest that these days airlines are mainly concerned with the financial performance of the contract and assume that the contractural penalties take care of the service level.
I have certainly in the past been involved in negotiations where there was discussion about price versus service level - there was a willingness to get a cheaper price by accepting a lower standard of service.
Also (as mentioned) I have received company legal advice when either trying to advance or defend a particular position.
That advice is usually along the lines of "there is no legal reason why you cannot use that argument/take that position, should it end up in court that position is arguable/unlikely to be sustainable".
I'm afraid this is really all only a very, very brief summary of how the relationship is between airlines and handing agents.
Are you sitting comfortably? Then we'll begin.
Back in the 1960s and '70s, airlines like BOAC did their own handling using their own station staff. I know it was a lot more expensive, but it was more reliable and very much more timely. Happy days!!!
Back in the 1960s and '70s, airlines like BOAC did their own handling using their own station staff. I know it was a lot more expensive, but it was more reliable and very much more timely. Happy days!!!
Up to about 5 years ago British Airways did their own handling at Gatwick, then they set up Gatwick Ground Services, still owned by BA (who are owned by IAG in Spain) but I suspect the staffing Ts and Cs will be different to the BA days and a LOT different to the BOAC days 
