lations and the tight deadline dominate association’s event in London. Ian Taylor reports


Mulligan: Gather evidence to win fake claims cases


Evidence is key to fighting bogus holiday sickness claims and cooperation from hotel suppliers is essential, say leading industry lawyers.


Claire Mulligan, partner at law


firm Kennedys, told Abta’s Travel Law Seminar: “You need to gather evidence from the moment an incident occurs – statements, photos, plans, maps, occupancy levels. Evidence wins cases.” She said: “It is important to


work closely with your suppliers. It’s better to involve them immediately. If you work with people regularly, have supplier contracts. “If it is a genuine claim and you


can settle, pay it quickly – damages for suffering, for loss of enjoyment, for diminution in value. Make a good offer and stick to it. “[But] look for inconsistencies.


If it is a lower-value claim, try to push it into the small claims track.


“Put the onus on the hotel to provide documentation in these cases or to indemnify you”


Don’t just accept the claimant’s evidence. Question the medical evidence. Look at the numbers; for example, if one or two people were sick and there were 200-300 people in the hotel. Attack the claimant’s costs schedule. Check for duplicate costs. “If you can prove ‘fundamental dishonesty’ by using Facebook or Instagram [evidence], do it. Social media is helpful in showing people were not so sick. We screen social media routinely now. I’m a fan of TripAdvisor when it comes to sickness claims.” Sarah Prager, barrister at


1 Chancery Lane, agreed saying:


MULLIGAN: ‘If it’s a genuine claim, settle and pay it quickly’


“The key is documentation. You are dependent on hotels to cooperate with evidence and witnesses. If a hotel does not produce documents to show it conformed with hygiene requirements, a claimant can say what they like. “It is all about supplier contracts.


It astonishes me to find companies don’t have supplier contracts, or a contract is written on the back of a fag packet. Put the onus on the hotel to provide documentation in these cases or to indemnify you.” Prager added: “These cases are


all about costs. The claims are only worth £2,000-£3,000, but the costs can be £40,000-£50,000.”


Businesses need to assess workplace culture


Businesses should assess their workplace culture and be prepared to handle allegations of sexual harassment, a leading employment lawyer has warned. Rebecca Thornley-Gibson, partner at Ince & Co,


told the Abta Travel Law Seminar: “If an employee harasses a colleague, the employer will be liable. “You need to put in place steps to manage


unwanted or unwelcome behaviour.” She warned: “Employees are much more


aware and feel more empowered to bring claims [for sexual harassment], and trade unions [feel empowered] to support claims.” Sexual harassment falls under the Equality Act.


Thornley-Gibson said: “We find a lot of clients come to us with claims where normally there would have been a settlement [in the past]. “Now they say they going to call out [the


accused], not settle – on the grounds that this helps their corporate reputation and they should not pay people for misconduct.” She suggested that in light of the Me Too and


Time’s Up movements against sexual harassment: “A lot more employers take action – and that includes over workplace ‘banter’, a word that is probably on its way out.” Thornley-Gibson said: “If you do a workplace risk assessment, you need to do one on workplace culture.”


ASA finds Southall, Cook and Mercury misled on pricing


The Advertising Standards Authority (ASA) has upheld a series of complaints against travel companies for misleading marketing in recent months. ASA investigations executive


Wura Sanusi reported the authority upheld a complaint against Southall Travel when it was unable to demonstrate it had updated flight prices advertised as “subject to availability”. It upheld a complaint against


Mercury Holidays, which “was unable to demonstrate that it had holidays available at the advertised prices” in a national newspaper ad. And the ASA upheld a


complaint against Thomas Cook Retail that advertised online savings against the launch price of holidays “but took no bookings at the launch price”. Sam Wilson, compliance


executive at the Committee of Advertising Practice, said: “The ASA receives a significant number of complaints regarding the availability of flights and accommodation.”


THORNLEY-GIBSON: ‘Manage unwanted behaviour’


31 May 2018 travelweekly.co.uk 63


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