00001 Crisis Management Presentation - Clarie Mulligan Plexus Law - April 2009

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