2012 Olympics volunteers: checklist
Ailsa Murdoch and Rebecca McAlees of Lewis Silkin continue a series of articles on employers' obligations in relation to employees who volunteer for the London 2012 Olympics with a checklist to help employers to prepare for issues that may arise in the run-up to, and during, the 2012 Olympics. By putting in place policies and procedures setting out their approach to volunteers for the London 2012 Olympics, employers may be able to reduce the risk of damaging employee relations and unauthorised absence.
1. Decide on the organisation's approach to employees who want to volunteer to be Games Makers.
London 2012 Olympic Games volunteers (known as "Games Makers") will have to make a considerable time commitment to carry out volunteer training and duties (see 2012 Olympics volunteers: overview in this series for more details of the arrangements for volunteering). This is likely to impact on the organisations that employ them. Employers' circumstances vary and this will affect their approach to requests for time off by employees who want to volunteer to be Games Makers. Larger employers are more likely to be able to adopt an accommodating approach if they are able to reallocate work easily or where work can be performed on a flexible basis. Other employers will be unable to function properly if a number of employees take time off work simultaneously to volunteer as Games Makers. Therefore, employers should consider at the outset the needs of their business, whether or not they will be able to support employees who volunteer to be Games Makers and the approach that they wish to take in relation to requests for time off. Where there are likely to be problems with approving multiple requests, employers should highlight this to employees.
2. Draw up a policy on volunteering.
The easiest and most transparent way for an employer to manage employees' expectations about whether or not they will be able to volunteer for the Olympic Games is to implement a policy setting out the approach that it will take in relation to requests for time off. This will ensure that employees are clear on the steps that they need to take to secure time off work and that they understand how decisions will be made. The policy should include:
- a requirement for employees to inform the employer at the earliest opportunity if they have applied to be a Games Maker;
- a requirement for employees to notify the employer at the earliest opportunity if they are invited to a selection event and to confirm the dates of training sessions and volunteer dates as soon as possible;
- an explanation of how the employer will deal with requests for time off to attend a selection event and/or training sessions, including a requirement that, where possible, employees try to attend outside working hours;
- an explanation of how the employer will deal with requests for time off for volunteering during the Olympics (which could include setting a date by which employees must submit all requests so that they can be considered together);
- information on the proposed use of annual leave, special leave (either paid or unpaid) and/or flexible working;
- a requirement to provide evidence of attendance at a selection event, training sessions and volunteer sessions if requested (other than where annual leave is used); and
- details of the procedure under which the employer will deal with unauthorised absence.
The policy should be communicated to employees in a form that is easily accessible, for example on the employer's intranet and/or displayed on staff notice boards. See Policy on staff volunteering for the Olympic Games in the XpertHR policies and documents section for a model policy.
3. Update existing policies on volunteering to include volunteering for the 2012 Olympics.
Some employers may have an existing policy to support employees who wish to carry out voluntary work. This might include details of how the employer will deal with requests for time off, when employees can take leave, whether or not leave will be paid and how employees should obtain authorisation for time off. Employers that have already implemented a volunteering policy could update it to encompass volunteers for the Olympics. Alternatively, employers may prefer to have a separate policy on the Olympics, in which case it would be a good idea for them to refer to it in the original volunteer policy.
4. Review annual leave and absenteeism policies and procedures.
Given that there is likely to be a high demand for annual leave during the period of the Olympic Games due to employees wanting to take leave to watch events and to take their normal summer holiday, now is as good a time as any for employers to review their annual leave and absenteeism policies. Employers should ensure that their annual leave policy sets out: how far in advance requests for leave must be made; how the employer will deal with multiple or competing requests; and whether or not requests will be restricted during certain times (for example during school summer holidays).
Absenteeism policies should cover: the procedure that employees must follow if they are absent from work; when and how employees must inform their employer of their absence; pay during absence; and possible sanctions for unauthorised absence. Robust annual leave and absence policies will make it easier for employers to deal with requests for annual leave during the Olympics and reduce the likelihood of employees failing to report their leave during the Olympics or at other times. If employers already have (or are implementing) a policy on volunteering, they should ensure that this does not contradict the annual leave and absenteeism policies.
5. Be as flexible as possible in allowing time off or granting requests for annual leave.
Where possible, employers should be flexible and supportive of employees' requests for time off to be Games Makers. Although employees can choose to attend selection events and/or training sessions outside typical working hours, it will not always be possible for them to do so. With over 240,000 applicants for 70,000 volunteer places, it is unlikely that all potential volunteers will get their first choice of selection event or training session. Successful applicants will go on to volunteer for a minimum of 10 days during the Olympics. This is likely to coincide with most employees' normal working hours.
Employers are not legally obliged to grant time off to volunteer
for the Olympics. Nor are they obliged to pay for time off that they grant
(other than annual leave). However, the 2012 Olympics will be an exciting time
for the
6. Be fair and consistent when granting time off.
Employers need to take care when considering requests for time off and treat them fairly, genuinely and consistently. For example, if two employees make a similar request for time off to volunteer at the Olympics, the employer should expect to treat those requests in the same way, unless there is an objective reason for different treatment (for example, differences in the employees' roles, or cover within their departments that affects whether or not they can be released). Employers that fail to consider requests fairly and consistently may risk claims of unlawful discrimination and/or constructive dismissal.
7. Address unauthorised absences through the disciplinary procedure.
Some employers may experience an increase in the level of unauthorised absence during the period leading up to the Olympics and during the Games themselves, particularly where they are unable to grant all employees' requests for time off. If an employee is absent from work and does not follow the required procedure to notify his or her employer of the reason for the absence, the absence may be treated as unauthorised. Unauthorised absence usually amounts to misconduct and should be addressed through the disciplinary procedure. Unauthorised absence should be properly investigated and disciplinary sanctions should be reasonable, following a fair procedure. Again, employers should be fair and consistent in how they address unauthorised absences. This may reduce the level of unauthorised absence in the future.
Next week's topic of the week article will be some frequently asked questions on employers' obligations in relation to London 2012 Olympics volunteers and will be published on 27 June.
Ailsa Murdoch (ailsa.murdoch@lewissilkin.com) is a senior associate and Rebecca McAlees (rebecca.mcalees@lewissilkin.com) is an associate in the Employment, Reward and Immigration Department at Lewis Silkin.
Further information on Lewis Silkin LLP can be accessed at www.lewissilkin.com.
