Matthew Judge

Our latest Midweek Big Interview sees private security company director The Anvil Group Matthew Judge, outline his views on crisis avoidance services and travel risk management. 

How will the Corporate Manslaughter Act (CPMA) change business travel?

The Corporate Manslaughter and Homicide Act is designed to make organisations culpable if they are negligent and fail to demonstrate a Duty of Care “to the health, safety and wellbeing of employees.” Businesses will need to pay increasing attention to corporate travel policies and procedures to ensure the safety of employees than ever before. Business travel has become an integral part of growing and maintaining a successful organisation and a Travel Risk Management Programme will be essential to protect travelling employees and business reputation.

What can businesses and corporations do to protect themselves from prosecution in the unfortunate case of an employee dying overseas?

Businesses and corporations alike need to start enforcing strict travel policies. Typically a travel policy includes who to book through, costs, expenses, preferred airlines and hotel chains based on price, but with the CPMA, corporate governance and health and safety associated issues will need to be incorporated into the travel policy.

How should businesses/corporations approach business travel when it is included in the law?

Companies should be looking to implement a travel risk management programme that incorporates health and safety policy, traveller training and awareness, traveller tracking and support. Also it is becoming crucial that each business is aware of its employees’ whereabouts in case of an incident that might put the employee at risk.

Should organisations be worried about the new law?

Yes and no. Responsible corporations will do everything in their power to take the appropriate ‘duty of care’ to protect its most valuable asset, the employee. By properly analysing and implementing new travel policies and travel risk management programmes, corporations can rest assured that they comply with the new law. However the fines that can be imposed by the new Act and the damage to business reputation and shareholder value may prove devastating to an organisation if convicted.  

Is the CPMA going to change the way in which businesses operate i.e. using web conference more than travel to a location?

Tools such as web conferencing and teleconferencing have become an accepted part of the business world, but it is unlikely that the CPMA will actually change the way in which corporations conduct business. For business to succeed and grow, face-to-face communication is important, which means that employees need to travel.

Will it cause a radical change in travel policies?

The change will be felt mainly in the enforcing of corporate travel policies. Every person affected by the travel policy will need to be aware of the policy and how to follow it. This will involve HR, the corporate travel agent, the employee and the line managers. At first it might feel overwhelming, but when it is a question of security and health and safety, everyone should adapt relatively quickly. However, insurance companies may tighten clauses in their terms to make sure that they minimise risk to themselves and this may have a knock on effect into the business and its policy. 

How will the Act affect Travel Management Companies (TMCs)?

An organisation cannot discharge or transfer its legal obligations to another party. However, corporations will look to a TMC to assist them in minimising their risk by providing solutions. In the event of an incident, TMCs must be able to provide clients with up-to-date information regarding any employees who are in a particular location and those who are due to travel to the location of the incident. TMCs providing employee tracking and risk intelligence services will be able to satisfy client needs with a higher level of competency and speed than those who don’t. 

 
In your opinion, what parts of the business will be affected by the CPMA? Is it just the corporate travel managers or will the changes be felt at a boardroom level as well?

The effect of the CPMA will be felt at the boardroom level and will affect organisations as a whole instead of just department heads or travel managers. Directors of the business will need to support and back initiatives to ensure that they are communicated and adhered to correctly. The employees must conduct themselves responsibly and adhere to the company policy. The CPMA is the tightening of existing law and has been brought into effect to force businesses to conduct themselves responsibly and diligently.