As the tournament has now begun and the England team squad has finally been in action, employers should be mindful of some of the potential obstacles/issues that they may encounter over the next few weeks.
We look at a few of these in turn:
How should employers deal with requests for time off?
There is no legal requirement for employers to give employees time off to watch World Cup matches. Employers should take a common sense and commercial view. How will employee absence affect the overall running of the business?
Requests for leave should be addressed in the usual way. To maintain overall staff morale it may be worthwhile to consider the option of flexible work (as appropriate) in order to accommodate the key fixtures. A blanket ban may in fact be counterproductive and employers should note that an intransigent approach on their part might lead to staff demotivation and resentment. As a suggestion, it may be appropriate to allow staff the opportunity to watch games during working hours and perhaps allow employees the right to make up the time by additional work at other times.
Be careful to avoid employees giving up their rest breaks. Employees are entitled to a 20-minute rest break for every shift lasting more than 6 hours. Workers should not take their break at the beginning or end of a shift. Other suggestions include offering extended lunch breaks or alteration in shift patterns.
What if employees spend an inordinate amount of their working time following the World Cup via the Internet?
Different employers will have a different view on this. Do you have an Internet usage policy in your staff handbook? If not, what is common practice at your workplace? Is personal use of the Internet prohibited or do you allow personal use subject to a reasonable use policy? In any event, employers should expressly state what their policy is. Ideally this should have happened before the tournament kicked off.
Where an employee breaches the rules, either by excessive use or accessing World Cup material where this is prohibited, then the matter should be addressed as soon as it comes to light.
We would recommend that any breach be dealt with informally in the first instance. You would be entitled to take a more definitive approach with persistent offenders. Regarding the latter, a formal disciplinary procedure may be conducted. As a final point, any procedure should be conducted in a fair minded and reasonable manner to avoid any potential allegation of unfair or discriminatory treatment.
How to avoid a potential allegation of unfair/discriminatory treatment
Employers must adopt a consistent approach to employees from different nationalities who request time off/flexible working in order to watch games. If it is your policy to grant time off or to cater for flexible working etc, then this privilege must be granted to those employees who are from different countries and who may wish to follow their team.
All requests for time off must be considered fairly and consistently and not favour a particular group. On the same point, any future requests for time off by employees who may have a different sporting passion (e.g. tennis/Wimbledon) will have to be treated in the same way.
What if you suspect that an employee has fabricated a “sickie”?
If you have an honest belief that the absence is not genuine, based on reasonable evidence and after fair and reasonable investigation, which includes questioning the employee, the employer may proceed and take disciplinary action.
It is always advisable not to jump the gun and initiate disciplinary action without conducting a fair investigation. Rash actions may expose an employer to potential claims for disability discrimination and/or unfair dismissal. Tread carefully and make sure you do a full investigation, including a return to work interview before taking any formal action.
Drunk and hung over employees
If an employee is unfit to work either because of drunkenness or is hung over then this should be dealt with under the employer’s policy on alcohol and its disciplinary procedure.
Initially, it is good practice to conduct an interview and establish the extent of the employee’s condition. Following this, if you are of the view that the employee is incapable of working, would significantly compromise the quality of his work or poses a safety risk then the employee should be sent home.
Following an investigation, it may be appropriate for the employer to conduct a formal disciplinary procedure.
Drunkenness in the workplace should not be tolerated. A failure on an employer’s part to take decisive action will send out a bad message. Employees must be put on notice that drunkenness is not acceptable behaviour and will lead to disciplinary action. The World Cup is a fun event, but should not be an excuse for unacceptable staff behaviour.
End note
With the first matches already played, employers should have notified their staff of what their World Cup policies are. If handled correctly and tactfully, this summer’s tournament presents an opportunity for employers to boost their staff’s morale.
Having a flexible approach to leave requests and attempts by employers to facilitate their staff’s wish to view the key fixtures may well enhance staff loyalty and forge workplace bonds. As a final point, employers should be proactive and look to pre-empt any queries or issues that may arise. By taking control of the process, there will be less likelihood of disciplinary issues arising.
Hopefully Mr Capello will not be beset by disciplinary issues on the pitch!
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