World Cup fever: checklist
Sarah-Marie Williams of Clyde & Co LLP concludes a series of articles on employment-related issues arising from the forthcoming football World Cup tournament with a checklist to help employers manage the impact of the World Cup on their business. By making clear their policy on time off during key sporting events such as the World Cup and the conduct that is expected of employees, employers may be able to minimise potential disruption due to the tournament.
1. Ensure that the policy on time off to watch key sporting events such as the World Cup is clear.
Employers should consider how they wish to deal with requests for time off to watch key sporting events, such as World Cup matches. Some employers will require employees to use their holiday entitlement, while others may screen key matches at the workplace and allow employees to watch them while they are at work. Employers should make clear their policy on time off to watch the World Cup so that employees know what to expect and what is expected of them. A clear policy may facilitate more open communication and enable both the employer and its employees to plan ahead. Employers may choose to draft a specific sporting events policy or send a memo to employees setting out their policy and procedure on time off. In either event, employers should make clear how annual leave or time off will be granted, particularly in relation to competing requests, and make clear their rules and timescales for requesting time off.
2. Where possible, be flexible when dealing with requests for annual leave to watch the World Cup.
Employers are unlikely to be able to grant all requests for leave to watch key World Cup matches. However, employers should try to be as flexible as possible and grant requests where business needs permit this. Employers that grant leave are likely to experience less unauthorised absence during the World Cup period than those that do not and may reduce the likelihood of employees coming to work under the influence of alcohol. In addition, the impact on staff morale of granting leave requests so that employees can support their team should not be underestimated.
3. Consider adopting flexible working hours during the World Cup period and, if necessary, put in place a system for ensuring that employees make up lost time.
Some employers may choose to adopt flexible working hours during the World Cup period, so that employees can leave work early to watch a match provided that they make up the lost time. Employers should make clear their rules and procedures on flexible working. It is clearly in an employer's interest to put in place a system for ensuring that employees make up the time that they take off and that the arrangement is not abused.
4. Consider allowing employees to watch key matches at the workplace.
Employers may experience an increase in unauthorised absence during the World Cup period due, for example, to employees reporting sickness absence that is not genuine or leaving work early to watch a match. By screening key matches in the workplace and allowing employees to watch them during working hours employers may be able to reduce unauthorised absence. This approach is likely to promote a good working atmosphere and improve employer/employee relations. Where an employer allows employees to watch key matches at work, it should make clear how this concession will apply and the conduct that it expects from employees, including whether or not employees may consume alcohol during screenings. If there is a written policy covering sporting events it should be updated to take this into account.
5. Be consistent and do not discriminate when applying a sporting events policy.
To reduce the risk of exposure to claims of unfair and/or discriminatory
treatment, employers should apply their policy on key sporting events such as
the World Cup fairly and in a non-discriminatory manner. When allocating annual
leave, granting permission to work flexibly or deciding whether or not to
screen key matches at work, employers need to be treat requests from employees
consistently, regardless of the country of the team playing so that employees
who are nationals of countries other than
6. Remind employees of the policy on alcohol use.
During the World Cup period, some employers may have to deal with employees who turn up for work drunk or hung-over. Unfitness for work due to alcohol misuse is normally a matter for the disciplinary and/or alcohol policy. Employers should remind employees of their policy on alcohol use in advance of the World Cup period, so that they know what is expected of them and how the employer will deal with drunkenness at work. Where matches are to be screened in the workplace and employees are to be permitted to watch matches during work time, it is particularly important for employers to make clear from the outset their position on alcohol consumption.
7. Deal with employees who turn up for work under the influence of alcohol.
If an employee turns up for work drunk or unfit to work due to a hangover, the employer should deal with the matter in accordance with its alcohol and/or disciplinary policy (or the sporting events or World Cup policy, if applicable). The employer should carry out an investigation and, provided that the conduct warrants it, follow its disciplinary procedure. Addressing drunkenness at work is likely to instil the message that this kind of behaviour will not be tolerated.
8. Deal with unauthorised absence through the disciplinary procedure.
Employers should address unplanned absences that are not for a good reason and sickness absences that are not genuine through their disciplinary policy and procedure. Employers should not automatically assume that sickness absence that coincides with World Cup matches is not genuine, particularly where the employee has an underlying health condition - further investigation will be necessary. By keeping records of absence and conducting return-to-work interviews employers may be able to identify suspicious absences.
9. Adopt a proportionate approach to minor performance and conduct issues.
The World Cup is likely to result in some employees using their employer's internet facility during working time to follow matches or check scores. Employees may spend increased amounts of time discussing the progress of the tournament and previously reliable staff may become poor timekeepers. Employers should not preclude employees from participating in the World Cup experience, but if their behaviour impacts on the business the employer will need to address the problem. Employers should adopt a proportionate approach to minor performance and conduct issues and, as a first step, consider dealing with them in an informal way. This could be by way of a memo to all staff reminding them that, while the World Cup is an exciting time, the employer's business needs must come first. Alternatively, employers may prefer to hold informal conversations with particular individuals. Employees should also be warned that it may be necessary to instigate the disciplinary procedure if the situation continues.
10. Consider the potential impact of criminal allegations or convictions for football hooliganism on employment.
How employers should deal with allegations of, or convictions for, football hooliganism depends on the circumstances. Employers should carry out a full investigation before taking any action. Individuals are innocent until proven guilty by a court of law and, in any event, an employee should not automatically be dismissed because he or she has been found guilty of hooliganism. However, subject to the disciplinary process, dismissal may be justifiable if the conviction is for a violent offence, the offence is relevant to the employee's job or it is likely to bring the employer into disrepute. If the conviction leads to a prolonged prison sentence, the employer may be entitled to take the view that the contract has been frustrated and therefore the employment relationship is terminated.
The next topic of the week article will be the first in a series on the right to make a request in relation to study or training and will be published on 7 June.
Sarah-Marie Williams (Sarah-Marie.Williams@clydeco.com) is a solicitor at Clyde & Co LLP.
Further information on Clyde & Co LLP can be accessed at www.clydeco.com.
