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8/8/2019 00001 Crisis Management Presentation - Clarie Mulligan Plexus Law - April 2009
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Flight cancellations at the new Terminal 5 of London'sHeathrow Airport look set to continue for several days.
British Airways called off 37 flights from T5 on Sunday. A further54 services will not operate on Monday and some may also bedisrupted on Tuesday.
The chaos is due to problems with the baggage handling system.
T5 cancellations set to continue
, .
BA said it was working hard to clear the backlog and hoped toincrease the percentage of flights taking off.
A total of 208 flights in and out of the terminal were cancelledduring T5's first three days. On Sunday, BA said 85% of its 331
scheduled flights were running normally.
The fifth terminal opened amid great fanfare on Thursday, butdifficulties with the baggage handling system and with stafftraining quickly derailed operations.
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LIABILITYLIABILITY
Liability in respect of the failure to perform orimproper performance of obligations under the
contract
Liability may attach regardless of whether thirdparties to the contract actually carried out the
service or facilit
Damages for injury, loss of enjoyment, diminutionof value, and other consequential losses and
earnings
Adverse Publicity
Director Liability
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Provide the advertised or promoted facilities and
provide them to the required standard.
To exercise reasonable care in your provision ofservices and facilities.
-
YOUR OBLIGATIONSYOUR OBLIGATIONS
.
To monitor safety levels for all services provided as
part of a package holiday.
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Consider the role of Health and Safety before thecrisis occurs, the expertise will help you prepare forevery eventuality and if required get you throughany situation.
PROCEDURESPROCEDURES
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Your Safety Management System should include:
Emergency Action Plans Generic and Specific (fire,traffic accident, illness outbreak).
Up to date contact list including broad range of
HEALTH AND SAFETYHEALTH AND SAFETY
consultants.
Detail the essential info to be gathered both initiallyand throughout the incident.
Risk assessment forms.
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The need to have updated, well documented incidentprocedures is essential
Clearly defined roles and responsibilities
Escalation and communication procedures
Health and Safety management systems
Ability to respond to an incident at any time, day ornight
Train your staff and test procedures
Hold review meetings, learn from events, updateyour procedures
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Initial response is crucial
Inform the right people, respond with right level andnumber of staff.
Manage the Media.
Involve experts and consultants.
Care for customers and staff.
Work with the Local Authorities and Police.
Make best use of contacts.
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MATTERS TO CONSIDERMATTERS TO CONSIDER
Out of office staff and key numbers
Who co-ordinates response
Attendance at scene/management of office
Passenger lists/next of kin contact details
e a
Worried relatives
Guests for future bookings calling
Staff support stress/training
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Manage information
Relatives to scene?Hospital?
What experts do you need
Follow up
MATTERS TO CONSIDER contd MATTERS TO CONSIDER contd
us omer care
Management of claims
Insurance
Alternative suppliers
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BE PREPARED !BE PREPARED !
Basic training Fire, Hygiene, First Aid?
SMS checklists
Contact numbers
Draft press release / who has responsibility?
o oo s a er s a we are
Rehearsals! Train staff and test procedures
Planning and preparation what are the likely
risks/crisis?
Facilitate meet and greet/onwards travel
arrangements
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BE PREPARED ! contd .BE PREPARED ! contd .
Checklists for Documents needed and retain them!
Keep written contact details
Minutes from crisis meetings
Expert contact details- Hygiene- Structural Engineer
Involve insurers Corporate Manslaughter Act 2007
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If likely significant claims will arise, attendance atscene at earliest opportunity
Gathering of evidence Establishing facts Lookin at liabilit of third arties
EFFECTIVE RESPONSEEFFECTIVE RESPONSE
Making contact with insurers Identify key witnesses
Assess likely areas of liability
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EVIDENCEEVIDENCE maximising the opportunitiesmaximising the opportunities
Practical steps
Identify which claims need to be investigated uponnotification of accident
Early collation of documents prior to issue ofproceedings
Full investigation to be carried out on time
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Health & Safety reports
Witness Statements
Hotel staff/reps
Witness contact details
EVIDENCEEVIDENCE contd contd
Customer complaints
Compliance with standards, Certificates etc
Photographs, maps, plans
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Type of incident? Hygiene or Accident? Experts to manage incident locally and advise Experts to advise in respect of litigation Knowledge of local law
CONSULTANTS AND EXPERTSCONSULTANTS AND EXPERTS
Empower them with information Aim? Assistance for customers
Protection against claims
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Press and media attention Claimant solicitors campaigns Consumer groups
Which
THE DANGERSTHE DANGERS
Holiday Travel Watch Call to Arms Referral fees Group litigation
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HOW TO DEFEND CASESHOW TO DEFEND CASES
Identify relevant documents and witnesses fromday one
Expert evidence Compliance with local standards and laws
Put Claimants to Proof
Defences under the PTR
Seek indemnity from Suppliers Look at yourcontracts
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Corporate Manslaughter and Corporate HomicideAct 2007
Applies to companies incorporated under UKCompanies legislation or overseas There is a dut of care owed b the com an to the
CORPORATE MANSLAUGHTERCORPORATE MANSLAUGHTER
deceased
A breach of that duty by the company Breach = substantial cause of death Breach = criminal negligence
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Offence committed if the way in which a companysactivities are managed/organised causes death andamounts to a gross breach of a relevant duty of care
owed to deceased
Substantial element of breach was result of
CORPORATE MANSLAUGHTER contd .CORPORATE MANSLAUGHTER contd .
Offence will only apply where the harm that leads todeath occurs within the UK, in UK territorial waters,on a British ship, or British aircraft
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HELPING YOU TO MANAGE A CRISISHELPING YOU TO MANAGE A CRISIS
Plexus Law (Free Advice Line)
Crisis Management Insurance - Arnold Fisher
The Centre For Crisis Psychology (Free Help-linefor members)
and Advice on SMS
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Plexus LawPeninsular House30-36 Monument StreetLondon
EC3R 8NBT: 0870 084 8200F: 0870 084 8300www. lexuslaw.uk.com
Argent Health & Safety1 Carters RowHatfield ParkHertfordshire
AL9 5NBT: 01707 282560F: 01707 282561www.ar enthands.uk.com
CONTACT DETAILSCONTACT DETAILS
Tim OliverCEODDI: 0870 084 8222
Claire MulliganPartnerDDI: 0870 084 8303
Terry AuldBusiness Development DirectorDDI: 01359 244406
Tony KerriganHealth & Hygiene ManagerDDI: 01707 282565