South Western Railway strikes this Christmas – What happens if you can’t travel?

2 min read
November 06, 2019

A union announced 27 days of rail strikes over the Christmas period.

South Western Railway (SWR) staff will be walking out during December and the New Year as part of a dispute over train guards.

We’ve heard from plenty of people who’re concerned about their holiday plans.

The good news is that you’re due compensation for any delays caused by the strikes.

You can claim cash back under Delay Repay. Just get in touch via Resolver.

Over 1000 people have used Resolver to claim via Delay Repay, but there are thousands more who don’t realise they’re missing out on compensation.

If your train is delayed by 15 minutes or more (or if you decide not to travel because of delays), you’re due money back.

Season ticket holders – if there’s a strike, you’re generally entitled to a day’s travel whenever you decide not to travel because of strike action.

Make sure you specify a delay of over 2 hours to get the right compensation!

What happens if you have to cancel Christmas holiday plans?

Unfortunately, you might be out of luck. Here’s how it works:

The Consumer Rights Act provides cover for any “consequential losses” caused by a breach of contract.

This means that if you aren’t able to travel by train and have to spend additional cash on a taxi, for example, you can claim it back via Resolver.

This should also apply to your Christmas plans. If you’ve booked an expensive restaurant meal and have lost your deposit because of the strike, you should be able to claim back the cash as a “consequential loss”.

However, the Consumer Rights Act doesn’t let you claim for consequential loss caused by things outside of the company’s control.

We at Resolver would argue that strikes like these can be predicted and that they should pay out under the Consumer Rights Act.

In practice, though, train companies may say otherwise.

That’s why it’s important to make a complaint via Resolver to get your voice heard.

If you’re going to make a complaint about consequential loss as well as a delay repay claim, it’s best to do them as two separate Resolver cases.

Make sure you say:

  • what happened;
  • when it happened;
  • how it affected you; and
  • what you’d like the company to do to resolve the matter. Remember to be clear and reasonable.

Give as much evidence as possible to support your claim via Resolver!

Outside of the Consumer Rights Act, you’re always entitled to make a claim via the Small Claims Court – as long as the losses were unavoidable. You have to demonstrate that you’ve taken reasonable steps to avoid the damages incurred.


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