EU261 vs UK261: What's the Difference?

Before Brexit, if your flight was delayed departing from London Heathrow, you were protected by EU Regulation 261/2004. Simple. But since January 1, 2021, the UK has been operating under its own version of the law — often called UK261. If you're confused about which regulation applies to your flight, you're not alone. This guide breaks down the key differences between EU261 and UK261, explains which one covers your flight, and shows you how to claim under either system.

How Brexit Changed Flight Compensation

When the UK left the EU, it couldn't simply keep using EU regulations. Instead, the UK government "retained" EU261 into domestic law through the European Union (Withdrawal) Act 2018. The result is a UK version of the regulation — formally known as Regulation (EC) No 261/2004 as retained in UK law, but commonly called UK261 or UK261/2004.

In practice, UK261 is almost identical to EU261. The UK government chose not to make any substantive changes when transposing the law. However, the scope of each regulation — meaning which flights are covered — is now different, and that's where the confusion starts.

Which Regulation Covers Your Flight?

The golden question for your UK flight compensation claim. Here's the breakdown:

The key change: Flights departing from the UK are no longer covered by EU261. Instead, they fall under UK261. Flights departing from the EU are still covered by EU261 regardless of where they land — including flights to the UK.

Compensation Amounts: EU261 vs UK261

Here's where things get interesting. EU261 sets compensation in euros, while UK261 sets it in pounds sterling. The UK government converted the amounts at the exchange rate that was current on January 1, 2021.

At today's exchange rates, the UK261 amounts are slightly lower than their EU261 equivalents. The UK government fixed the GBP amounts at the 2021 exchange rate and hasn't updated them since. This means UK passengers may receive marginally less than their EU counterparts — though the difference is relatively small.

Key Differences Between EU261 and UK261

While the regulations are nearly identical in substance, there are some practical differences worth knowing:

1. Enforcement Bodies

EU261 claims are overseen by the National Enforcement Bodies (NEBs) of each EU member state. UK261 claims are overseen by the Civil Aviation Authority (CAA) in the UK. The CAA has its own complaint process and can take enforcement action against airlines operating in the UK.

2. Time Limits for Claims

Under UK law, you have 6 years to bring a flight compensation claim — one of the longest windows in Europe. Most EU countries allow 2–5 years (Germany: 3 years, France: 5 years, Netherlands: 2 years). This is actually an advantage for UK-based passengers.

3. Extraordinary Circumstances

Both regulations use the same "extraordinary circumstances" exception, but UK courts may interpret it differently over time as they're no longer bound by European Court of Justice (ECJ) rulings. So far, UK courts have continued to follow ECJ precedent, but this could diverge in the future. For now, the practical impact is minimal.

4. Currency of Payment

EU261 compensation is denominated in euros. UK261 compensation is in pounds sterling. If you're claiming under UK261 and your bank account is in euros (or vice versa), you'll be subject to currency conversion — though this is a minor issue for most passengers.

5. Future Divergence

The UK government can now change UK261 without needing EU approval. There have been discussions about reforming UK air passenger rights, potentially including different compensation tiers or different definitions of extraordinary circumstances. As of 2026, no changes have been enacted, but it's worth watching.

What About Flights Between the UK and EU?

This is the scenario that confuses most passengers. Let's use concrete examples:

• London to Barcelona (any airline): Covered by UK261 because the flight departs from the UK. You'd claim under UK law, compensation in GBP.
• Barcelona to London (any airline): Covered by EU261 because the flight departs from the EU. You'd claim under EU law, compensation in EUR.
• New York to London (British Airways): Covered by UK261 because BA is a UK-based airline arriving in the UK. Not covered by EU261.
• New York to London (American Airlines): Not covered by either regulation. The flight doesn't depart from the EU or UK, and American Airlines isn't an EU or UK carrier.
• Dublin to London to Sydney (single booking): The first leg (Dublin to London) is covered by EU261 because it departs from the EU. If a delay on that leg causes you to miss your connection and arrive 3+ hours late, you can claim under EU261 for the full journey distance.

WairHelp Handles Both EU261 and UK261

One of the advantages of using WairHelp is that you don't need to figure out which regulation applies. Our AI automatically determines whether your flight falls under EU261, UK261, or both — and files your claim under the correct framework.

Whether your disrupted flight departed from Manchester, Munich, or Milan, the process is the same:

• Enter your flight details
• Our AI checks eligibility under the applicable regulation
• See your compensation amount (in EUR or GBP as appropriate)
• File your claim — flat $25 / €20 / £20 fee, regardless of the regulation

With traditional claims companies like AirHelp, you'd lose 35% of your payout whether the claim is under EU261 or UK261. With WairHelp's flat fee, you keep the vast majority of your compensation under either regulation.

The Bottom Line

Brexit added complexity to UK flight compensation, but your fundamental rights remain intact. Whether your flight falls under EU261 or UK261, you're still entitled to up to €600 / £520 for delays, cancellations, and denied boarding. The key differences — scope, currency, and enforcement body — are technical details that your claims provider should handle for you.

Don't let the regulatory complexity stop you from claiming what you're owed. Check your eligibility with WairHelp — our AI figures out the regulation, calculates your compensation, and files the claim. All for a flat fee that saves you hundreds compared to percentage-based alternatives.