Duty of Care

Now a legal requirement for international organisations with personnel visiting or working abroad, Duty of Care (DoC) has been a fundamental driver for much of the growth and development of organisations’ security risk management (SRM) processes and procedures in recent years.

What is Duty of Care?

Duty of Care (DoC) is a legal and professional obligation for organisations and their security risk management departments - to safeguard their employees while they are under the organisation’s care. In essence, organisations must take reasonable steps to prevent actions or inactions that could foreseeably cause harm to employees or others. For organisations that fail to provide sufficient Duty of Care, there can be wide-ranging implications:

  • Many jurisdictions have laws that explicitly require organisations to exercise a Duty of Care to their staff. This includes a legal and ethical obligation for an organisation to ensure the safety and well-being of its employees during international travel and assignments. Non-compliance can lead to severe legal repercussions, including substantial fines, litigation, and in some cases, criminal charges against individuals or corporate entities.

  • When employees travel internationally, they may face various risks, such as health hazards, security threats, natural disasters, or cultural challenges - including specific international or local laws and standards that need to be adhered to. It is the organisation's responsibility to assess these risks and implement measures to mitigate them by providing employees the necessary information, training, and support prior - and sometimes after - any deployments abroad.

    Failure to do so has led some organisations and individuals to face legal charges such as corporate manslaughter or negligence - a precedent set by the Norwegian courts in 2015 following the kidnapping and wounding of Norwegian Refugee Council (NRC) worker, Steve Dennis, in Dabaab, Kenya. Dennis was awarded 4.4m krone (£350,000) after the NRC was found to be grossly negligent in terms of understanding and managing of the security risks to Dennis. The landmark ruling essentially set the standards and expectations of the levels of Duty of Care that organisations are legally expected to provide for their employees.

The Value of Security Risk Management

Organisations that have failed to provide proper Duty of Care to employees who have suffered an incident abroad are at significant risk of facing multiple major issues - aside from the legal implications - that can result in a myriad of serious short-term and long-term impacts to an organisation and its operations, most of which could have been avoided entirely.

  • Safeguarding employees abroad is essential for maintaining business operations. Unforeseen incidents can disrupt business activities and lead to major financial losses. Effective risk management helps in minimising these disruptions.

    Incidents affecting team members can reduce productivity by causing decreased individual output, necessitating workload redistribution, disrupting workflows, affecting morale, impeding communication, diverting resources for support, and straining team dynamics, all of which can collectively hinder overall organisational efficiency.

  • An incident involving an employee abroad can significantly impact an organisation's reputation, resulting in negative publicity, which may lead to diminished trust from customers, partners, and investors, affecting the organisation's brand and long-term standing.

    How an organisation manages the safety of its employees abroad can significantly affect its reputation. Organisations that effectively protect their employees abroad are viewed as responsible and caring by stakeholders. Naturally, hiring and retainment levels are improved when organisations are seen to be providing excellent Duty of Care to their employees.

    Organisations that demonstrate a strong commitment to Duty of Care often see higher levels of employee satisfaction and morale. This can lead to greater willingness to travel for work, increased productivity, lower turnover rates, and a more positive workplace culture.

How we can help

At Spotlight Risks, we understand that security challenges are as dynamic as the world we live in. That's why our approach is centered around adaptability, precision, and responsiveness, ensuring that our clients always stay one step ahead.

We provide bespoke security solutions tailored to the unique needs of our clients, ensuring maximum effectiveness and value. Our team has extensive experience of working with corporate clients, INGOs, UN agencies, government departments, and philanthropic organisations; providing them expertise that spans across various aspects of security risk management, from developing comprehensive frameworks to offering insightful intelligence reports that help organisations mitigate against known security threats across any landscape.

In a world where risks are ever-evolving, Spotlight Risks is on hand to guide your organisation through any of its operational security concerns and risk management needs. Feel free to get in touch regarding any of our services and/or to discuss any specific queries.