An employer’s guide to the World Cup 2014

It’s that time again, love it or hate it, the world cup is here. Whilst many of us look forward to this major sporting event, it can prove to be a big headache for employers as businesses still have to be run and customers and clients satisfied.

Employers need to be gearing up now for any potential disruption and making decisions on how they will manage potential issues. Consequently, our employment solicitor, Khurram Ahmad, lays down 5 winning tactics for employers.

1. Have a plan in place to deal with requests for time off

There seems to be a myth, often propagated by football fans themselves, that employers have an obligation to give staff time off to watch major football matches. Businesses have absolutely no obligation to grant staff time off to watch World Cup matches, or any other sporting fixtures. It is for an employer to decide what their business can cope with.

That being said, however, employers can gain a huge amount of goodwill by being flexible and by understanding that many employees want to be a part of the action. In an ideal world it is worth asking employees for their annual leave preferences well in advance; this gives the employer an opportunity to accommodate requests and plan around absences. If employers can’t accommodate everyone, they need to ensure that they deal with the requests fairly and consistently and manage employees’ expectations as to whether or not they will get the time off.

2. Remind employees of the company’s sickness and disciplinary policies

If the nature of the business means that employers can’t accommodate requests for annual leave, or allow employees to follow matches at work, they might be worried that employees will call in sick rather than miss an important match. Employers should remind employees of their policy on unauthorised absence. Normally this means that failing to turn up for work or leaving early without a reasonable explanation is a disciplinary matter.

Employers should also remind employees of their procedures for reporting sickness. If the employer does not have a set procedure for this, one should be put in place.

Finally, back to work interviews should continue to take place where employees have been absent to help deter employees from taking time off for spurious reasons. If disciplinary action is warranted, employers should follow a fair procedure in accordance with their company policy and ACAS guidance and carry out an appropriate and even-handed investigation. It is important for employers not to pre-judge, even when it seems initially obvious that absence or poor performance is related to late nights and heavy drinking!

3. Allow employees to follow matches during working hours

The World Cup presents employers with an opportunity to increase engagement by recognising that allowing staff to follow matches during working hours will be very important to some employees and should introduce some flexibility to allow this, where possible. For example, employers could choose to screen key matches in the workplace or allow employees to watch matches/highlights online during lunch-hours or breaks.

If employers are allowing staff to watch matches in work, during work hours, it is a good idea to re-circulate the company’s internet / IT policy to staff explaining what is expected of them and that breaches will be dealt with in accordance with disciplinary procedures. However, remember to think carefully before limiting access to specific categories of employees as this may give rise to complaints and potentially discrimination issues.

4. Make sure you’re covered for World Cup parties

If employers are considering inviting clients or suppliers to their workplace to watch a match as part of their business development strategy, it is probably a good idea for them to check their insurance policy to ensure it covers such events. Employers must also keep in mind their obligations under health and safety law and occupiers’ liability legislation, particularly if there are dangerous areas which guests could wander into and be injured.

If employers are organising an event for employees, either at the workplace or externally, staff should be reminded of the behaviour expected of them. If necessary, a warning not to drink too much alcohol should also be issued. Such events are considered an extension of the workplace and employers may well remain liable for their employees’ conduct.

5. Remember it’s not all about England!

Of course, many employees will have no interest at all in the World Cup, and not all employees who are passionate followers of their national team will be supporting England. Employers must ensure that no particular groups are disadvantaged by their policies during the World Cup – for example, that non-English employees are afforded the same level of flexibility as other staff for when their teams are playing.

If employers have numerous nationalities in their workplace it’s also worth bearing in mind the potential for inappropriate or offensive banter during the World Cup. If employers overhear such remarks, or if they receive a complaint, they should deal with this in the normal way using their grievance or disciplinary procedures.

If you would like to discuss any issues raised in this article, please contact Khurram Ahmad on 0161 834 2623 or at khurram.ahmad@bpslaw.co.uk

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