World Cup fever: more frequently asked questions

Sarah-Marie Williams of Clyde & Co LLP continues a series of articles on employment-related issues arising from the forthcoming football World Cup tournament with some more frequently asked questions that look at potential conduct and performance problems during the World Cup period. 

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.

How can employers prevent employees spending too much time at work discussing the World Cup and distracting other employees?

Employers should not preclude employees from discussing the World Cup during work time. However, if conversations about the World Cup impact on the performance of individual employees or parts of an employer's operations (because employees spend too much time talking and distracting others), the employer will need to address the matter.

As a first step, where it identifies that there is an issue in terms of employees spending too much time talking about the World Cup, the employer could issue a memo to all staff reminding them that, while the World Cup is an exciting time, the employer's business needs must come first. The memo could state that the employer has noticed a decline in performance and productivity as a result of World Cup discussions, which is a concern, and that employees should remain focused on work. Employees may be reminded that personal conversations about sporting events such as the World Cup should not take precedence over day-to-day duties and that, if the situation continues, it may be necessary for the employer to apply its disciplinary procedure. Where the employer has implemented a specific policy that applies to special events such as the World Cup, it should remind employees of its existence.

Where the problem persists, the employer may be left with no option but to investigate further and instigate its disciplinary procedure against employees who spend too much time discussing the World Cup during working hours.

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.

How should employers deal with employees who turn up for work drunk or hung-over after watching a World Cup match?

If an employee attends work under the influence of alcohol after watching a World Cup match, or is unfit to work due to being hung-over, the employer should deal with the matter in line with its policy on alcohol use, and its disciplinary procedure. It should treat drunkenness at work in these circumstances as it would any other incidence of drunkenness (or unfitness for work as a result of previous alcohol consumption). Some employers strictly prohibit the drinking of alcohol during or before work, whereas moderate alcohol consumption may be permitted by others (for example during lunch breaks), provided that work performance is not affected. Depending on the employer's rules and the extent of the employee's breach, the employee's drunkenness should normally be addressed through the disciplinary procedure. Where the employer has put in place a specific policy in respect of alcohol use and the World Cup, it could apply this policy to address the matter.

Initially, the employer should interview the employee to try to establish the extent of the employee's condition. If he or she is incapable of working, or poses a risk to him- or herself, the employee should be sent home. Following an investigation, the employer may instigate its disciplinary procedure if this is appropriate.

Employers may be tempted to overlook an employee's attendance at work under the influence of alcohol, particularly if the employee is usually a good performer. However, it is preferable for employers to deal with employee drunkenness, to enforce the message that such conduct will not be tolerated. Failure to act could result in other employees attending work drunk in the belief that the employer will impose no sanction.

How should employers deal with employees who are late for work due to having stayed up to watch a World Cup match the night before?

Where an employee is late for work because he or she stayed up to watch a late World Cup match the previous night, but this is a one-off occurrence, the employer may choose to overlook the incident or give the employee an informal warning, unless there are consequences for the employer (for example a deadline is missed or a client relationship is damaged).

An informal warning will usually be sufficient to address poor timekeeping. However, if an employee's late arrival for work becomes a regular occurrence, the employer should deal with the situation under its attendance/absence policy. In some cases, it will be appropriate for the employer to instigate the disciplinary procedure. Clearly, employers should deal with persistent lateness, whether for a reason connected with the World Cup or for any other reason, consistently, to help to avoid allegations of unfair or discriminatory treatment.

Next week's article will be a case study on employment-related issues arising from the World Cup and will be published on 17 May.

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.