Outlook video: football World Cup

XpertHR's head of content Jo Stubbs and group editor David Shepherd discuss the impact of the World Cup on the workplace. 

 

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The questions in full:

What action can employers take in advance of the World Cup to discourage absenteeism?
Given that the World Cup is likely to lead to increased unauthorised absence (including non-genuine sickness absence) employers may wish to put specific rules and procedures in place during the World Cup period. For example, employees who are off sick (other than those who are already known to be on long-term sickness absence) could be required to notify their absence to a specified person, for example a member of the HR department. This would help to make employees aware that the employer is closely monitoring sickness absence during the period. The person to whom employees are required to report could ask more probing and appropriate questions when speaking to employees about their absence and would have readily available information for effective monitoring of the situation and identifying absence patterns on match days. 

This approach, coupled with advance warning to employees that unauthorised absences without a good reason and sickness absences that are not genuine will be dealt with under the employer's disciplinary procedure, should help to discourage absenteeism during the World Cup period because employees will be made aware that their employer is scrutinising absence. 

What should an employer do if it suspects that an employee's reported sickness absence is not genuine and is due instead to him or her taking time off work to watch a football match?
Employers should be careful not to assume automatically that sickness absence during the World Cup or other major events is not genuine. However, employers may have grounds to be suspicious about some employees, particularly where they have a history of short-term sickness absence. Where the employer has doubts about an employee's absence but there is no clear evidence to incriminate him or her, it should investigate further and question the employee when he or she initially reports the absence and conduct a return-to-work interview. The employer should note absence patterns and ask the employee for an explanation. If the employer has a reasonable belief that the absence is not genuine, based on its investigations (perhaps because the employee has given evasive or inconsistent answers), it may take the matter further. Where there is evidence that the employee was not sick (for example he or she was seen in the pub watching a match), this will clearly be a disciplinary matter. Unauthorised absence and reporting absences as sickness when this is not the genuine reason are serious disciplinary offences that could result in disciplinary action. 

To limit liability for disability discrimination and unfair dismissal claims, employers should ensure that they carry out a proper investigation, follow a fair procedure and do not jump to conclusions regarding an employee's absences, particularly where he or she has an underlying health problem. 

How should employers deal with employees who spend work time following the World Cup on the internet?
Different employers take differing approaches to internet usage that is not work related. Some employers prohibit personal use of their internet facilities, while others allow employees to access the internet at work for personal use provided that usage is reasonable and/or during breaks. It is advisable for employers to adopt an internet policy that makes clear their approach in relation to employees' personal use of the internet, and to specify what is permitted in terms of time spent and the types of site that may be visited. In the run-up to the World Cup it may be worthwhile for employers to remind employees of their rules in relation to internet use and that those rules apply to the following of the World Cup. 

Where an employee breaches his or her employer's rules by accessing the internet to follow the World Cup where personal use is not permitted, or where he or she spends an excessive amount of work time following the progress of the tournament, the employer should address the matter as soon as it comes to light. If the offence is minor (for example a one-off, minor breach of the internet policy) it may be sufficient for the employer to raise the matter informally with the employee. However, employers should deal with serious or persistent offenders under their disciplinary procedure. 

Employers should treat any form of excessive internet use at work, whether it is reading World Cup coverage, researching holiday destinations or visiting clothes shopping sites, in a consistent way, to help to avoid allegations of unfair or discriminatory treatment. 

What should an employer do if an employee is detained in police custody due to alleged football hooliganism, and is unable to attend work?
If an employee is unable to attend work because he or she is detained in police custody due to alleged football hooliganism the employer should attempt to find out as much as possible about the situation, including the likely length of absence and the nature of the alleged offence. Assuming that the employee is released after a short period and returns to work the employer should hold a meeting with him or her to find out more, namely whether or not the employee has been charged, and, if he or she has, with what. The employee should be given the opportunity to state his or her version of events. Although the absence was unauthorised it is unlikely to be reasonable for the employer to take disciplinary action against the employee if he or she was unable to attend work due to the detention, particularly if there is no charge or the charges are minor. However, the employer may elect not to pay the employee for the period of absence. 

If the absence is likely to be prolonged because the employee has been charged with a serious offence and is remanded in custody, it is advisable for the employer to keep him or her "on the books" pending the full trial. The employer may elect not to pay the employee during the absence because he or she will be unable to perform the employment contract. 

Can an employer fairly dismiss an employee because he or she has a criminal conviction for football hooliganism?
Whether or not it will be fair for an employer to dismiss an employee because he or she has a criminal conviction for football hooliganism depends on the circumstances. A conviction for hooliganism should not automatically lead to dismissal. However, disciplinary action, including dismissal, may be appropriate if the employee is convicted of a violent offence, the offence relates to the employee's job or the employer's reputation is likely to be damaged by the employee's conviction. The employer will need to be able to demonstrate that a dismissal was for a fair reason and that it followed a fair procedure. 

If a criminal conviction leads to a prison sentence and a likely prolonged absence from work as a result the employer may be able to justify dismissing the employee on the basis that he or she will be unable to perform the employment contract, or seek to argue that the employment contract is terminated by reason of frustration. 

 

More FAQs on employment and the World Cup

From the XpertHR FAQs section: 

 

Policy on sporting events

Use this model policy from the XpertHR policies and documents section to deal with absence and other issues arising at the time of sporting or other special events such as the World Cup football tournament or the Olympic Games: 

Our research among 100 employers finds that plans are in place to allow employees to follow the football World Cup during their working day and that employers believe that such plans will have a positive effect overall on business. 

Subscribers to XpertHR Benchmarking can drill down into the complete benchmarking data from the sporting policy 2010 survey by IRS for XpertHR to find out how their organisation compares.

 

Further guidance on the World Cup for employers

  • World Cup fever: employer checklist We provide a checklist to help employers manage the impact of the World Cup on their business. 
  • World Cup fever: case study We look at a situation in which an employer is faced with a number of requests for time off to watch football matches and has to address an incident of unauthorised absence. 

 

Return-to-work interviews

The XpertHR good practice guide on sickness absence management provides guidance on conducting return-to-work interviews. 

Also:

 

Criminal convictions

From the XpertHR "how to" section: