Everything employers need to know about adhering to your duty of care for business travellers
11 February
A helicopter took off in Peru in poor weather. The operator’s safety record hadn’t been checked, and the pilot was tired. The helicopter crashed, and the employee on board was killed.
When the case reached court, the questions were basic but unforgiving. Did the employer understand the risks involved in the trip? And could those risks reasonably have been avoided? The answer to both was yes.
The case was Dusek v StormHarbour Securities LLP, and it has become a reference point for how courts now approach an employer’s duty of care during business travel.
What Do We Mean By Business Travel Duty of Care?
At its simplest, your duty of care means if you send someone somewhere for work, you are responsible for protecting them from foreseeable harm.
For business travel, that responsibility usually starts when the employee leaves home and ends when they return. It is not limited to accidents or physical injury. Courts increasingly expect employers to consider mental health, medical access, personal security, and the broader environment in which employees are being asked to operate.
The legal roots go back a long way. In Donoghue v Stevenson (1932), the courts established the “neighbour test”: you must take reasonable care to avoid acts or omissions which could foreseeably harm others. When an employee travels at your request, they are firmly within that circle of responsibility.
Legal Requirements for Business Travel Duty of Care
The UK Position
In the UK, the Health and Safety at Work Act 1974 sets the baseline. Employers must protect employees’ health and safety “so far as is reasonably practicable”.
This doesn’t require perfection, but it does require action unless the cost or effort would be grossly disproportionate to the risk involved.
If you send an employee to a high-risk destination without checking accommodation safety, transport standards, or local conditions, it is difficult to argue that reasonable steps were taken.
The Corporate Manslaughter and Corporate Homicide Act 2007 raised the stakes further. Where serious management failures result in death, companies can face criminal prosecution. Courts look closely at how travel decisions were made, who was responsible for them, and whether employees had any right to say no to unsafe work travel (enshrined in British employment law under Section 44 of the Employment Rights Act 1996).
The US Position
In the US, the OSHA General Duty Clause requires employers to provide work free from recognised hazards. Business travel is considered part of work.
If an employee is sent into a location with known risks – for example, high crime or kidnapping threats – without appropriate safeguards, OSHA may take action.
US courts have also extended employer liability through the “special errand” exception. In Jeewarat v Warner Bros. Entertainment, the employer was found liable for an accident that occurred while the employee was driving home from a work-paid trip. Because the company controlled the travel, responsibility did not end at the airport.
The Dusek Case: How Business Travel Duty of Care Changed
Mr Dusek was sent to Peru to assess a hydroelectric project in the Andes. His employer arranged a chartered helicopter but carried out no meaningful checks on the operator, the pilot, or the conditions under which the flight would take place.
The court focused on proportionality. A routine commercial flight requires little scrutiny. A helicopter flight in a remote mountain region is different. The higher the risk, the higher the duty to investigate and mitigate.
The judge concluded that a proper risk assessment would have identified the danger and stopped the trip from going ahead. The risk was foreseeable. The harm was preventable. That combination proved decisive.
Current Business Travel Risks in 2026
Understanding business travel duty of care means understanding current risks.
Geopolitical and Security Risks
According to a study by International SOS, geopolitical tensions worry 47% of risk professionals. Travel disruptions are constant. Borders close without notice. Protests shut down airports. Political unrest creates safety hazards that your duty of care must address.
Cyber Security Threats
Cyber attacks tripled in early 2024. Travellers use hotel Wi-Fi. They check emails at airports. They are targets. If hackers steal client data because you did not require VPNs, you have failed your duty of care twice. You failed your employee. You failed your clients.
Mental Health and Wellbeing
Mental health problems affect 78% of business travellers. Your duty of care must include psychological well-being. Burnout, stress, and isolation are foreseeable harms you must address.
Crisis Response Gaps
Here is what matters most. Leaders say the time to make crisis decisions is shrinking. Seventy-four per cent report this. But only 35% believe they can mobilise teams fast enough. This gap between recognition and capability kills people. Your business travel duty of care must close this gap.
Vulnerable Traveller Groups and Duty of Care
Women Travellers
Women feel less safe travelling alone than men do. Gallup’s 2025 Global Safety Report shows the gap is particularly bad in countries such as Malaysia, Italy, and Australia.
If you send a woman to these countries with the same briefing you give men, you fail your duty of care. The risk is different. The briefing must be different.
LGBTQ+ Travellers
Sixty countries criminalise same-sex relationships. Only 13% of companies provide LGBTQ+ specific travel information. This represents a serious gap in business travel duty of care and creates significant legal liability.
Remote Workers and Hush Trips
Remote workers create a new challenge for an employer’s duty of care. They take “hush trips”, working from Bali or Barcelona without informing you. You do not know where they are. Something happens to them. You are still liable. They were working for you.
Only 22% of companies can track remote worker travel. The rest hope nothing bad happens. This is not a solid strategy.
ISO 31030:2021 Travel Risk Management Standard
ISO 31030:2021 provides the international standard for travel risk management. While not law, courts use it to judge whether your duty of care during an employee’s business travel was reasonable.
The standard requires five core elements for effective business travel duty of care:
- Leadership commitment. Someone senior must own travel safety. Not merely delegating, but owning it end-to-end.
- Risk assessment. Conduct risk assessments before every trip. Remember: the assessment must match the danger level.
- Pre-trip authorisation. High-risk destinations need approval from someone who understands what is at stake.
- Real-time tracking. You must know where your people are.
- Incident response. When something goes wrong, you need a plan that works.
The standard also requires you to define your risk appetite on paper. If you have not defined acceptable risk, you cannot defend exceeding it.
How to Implement Business Travel Duty of Care
Move Beyond Insurance
Insurance doesn’t satisfy your duty of care. It pays after harm occurs. But duty of care means preventing harm.
Depending on the risk level, this means getting proper assistance services, twenty-four-hour medical advice, and emergency evacuation.
Implement Tiered Risk Authorisation
Create a tiered authorisation hierarchy that reflects the duty of care that business travel requires:
- Low-risk trips follow standard booking procedures.
- High-risk trips require detailed briefings and senior approval.
- Document everything. After all, audit trails protect you in court.
Use Local Intelligence
Relying on national risk ratings doesn’t go far enough. All countries contain safe areas and dangerous areas, and the neighbourhood where your hotel sits matters more than the country’s overall rating.
Frame as Operational Resilience
Talk to your CFO about business travel duty of care, framing it as operational resilience, not merely safety. One kidnapping costs more than ten years of risk management software.
De-Risk Business Travel With Centuro Global
Your duty of care is clear: do not send people into avoidable danger. But if you must send them into danger, give them every tool to survive it.
Employers and employees face multiple risks abroad, from physical danger to compliance and tax issues. Centuro Global’s award-winning AI-powered travel compliance assistant provides personalised recommendations based on your specific situation. De-risk yourself now by booking a demo.
Frequently Asked Questions
What is business travel duty of care?
Business travel duty of care is the legal and moral obligation of an employer to protect employees from foreseeable harm while they travel for work. This includes physical safety, mental health, security, and medical support from departure until return.
Is duty of care a legal requirement for business travel?
Yes, duty of care is established in law through legislation, such as the UK Health and Safety at Work Act 1974, the Corporate Manslaughter Act 2007, and the US OSHA General Duty Clause. Failure to meet these requirements can result in criminal charges and substantial fines.
What happens if an employer fails their duty of care?
Employers who fail their duty of care face serious consequences. These include criminal prosecution, fines up to 10% of annual turnover, civil lawsuits from injured employees or families, and severe reputational damage that can affect recruitment and client relationships.
Does duty of care cover mental health?
Yes. The modern duty of care definition includes mental health and psychological well-being. Employers must address foreseeable mental health risks, including burnout, stress, isolation, and anxiety that business travel can cause.
How do I assess risk for business travel?
Risk assessment for business travel duty of care should be proportional to the trip. Low-risk destinations may need standard checks. High-risk locations require a detailed assessment of political stability, crime rates, health risks, transport safety, and accommodation security. Use local intelligence, not just national ratings.
What is ISO 31030:2021?
ISO 31030:2021 is the international standard for travel risk management. Courts use it to determine if an employer’s business travel duty of care was reasonable. It covers leadership commitment, risk assessment, trip authorisation, traveller tracking, and incident response.
