Employment Law and the World Cup - not bad news for your business

With the world cup due to kick off on 11th June in South Africa, world cup fever is truly upon us all. However for employers the world cup can present a number of challenges in the workplace, not least the possibility of increased absenteeism, loss of focus and concentration and heightened emotion, which could lead to clashes. There will also be employees that are not interested in the football who could still be affected by the actions of others.

The key to dealing with these issues during the coming weeks is managing employee expectations and forming a game plan for any issues that could arise.

Employment law specialist Dippalli Naik suggests some practical steps that can be taken to ensure a balance is struck between the needs of a business and the enthusiasm of its employees during this intense period:

Timing

On match days, matches are scheduled to start at 12.30, 15.00 and 19.30 (UK time). Therefore it is highly likely that employers will face pressure from employees eager to support their teams at all times of the day. To deal with this, employers should consider:

• Be flexible – there is no legal right to take time off during the world cup much to the chagrin of many people! However employers can agree, where possible, temporary flexible working arrangements such as altering start and finish times during the working day using a rota and extending the lunch hour. They can also allow employees to make up missed hours on other days in the week.
• If this is a viable option it is also important to remember those employees that are not interested in the world cup and ensure they are not disadvantaged by the working arrangements – balance is key.

Sickness

It is common knowledge that sporting events like the world cup result in increased absence levels from work, either because employees want to stay at home and support their team or because they have been out celebrating or commiserating too much! 

However the effects of such absences can be very serious for a business so employers need to:

• Remind employees of the sickness absence policy and the repercussions for not following it, particularly in relation to unauthorised absence.
• Reiterate the policy for alcohol and drugs use to avoid employees coming to work hung over and therefore less productive, taking time off to recover from a heavy night or drinking on the work premises.
• Determine whether an absence is related to the work cup or genuine – this can be addressed using return to work interviews.

Communication

Talking to your employees openly about the world cup and their plans during the period can prevent many difficulties arising and increase morale. Why not try one of the following:

• Arrange a team talk to discuss with employees what they would like to do during the working day and how they intend to manage their time. In this way employers can make informed decisions about their resources. 
• Discuss with employees whether facilities can be provided or allowed at work to accommodate the employees' desires to watch matches. Ideas such as creating a TV room for people to watch matches at break times, allowing radios to be on during the day and relaxing the internet policy so that matches can be watched online have all been entertained by businesses during previous world cups.

Multicultural

Sports like football reflect the diverse society we all live in and will engage people from all backgrounds, nationalities and races. The world cup presents an ideal opportunity for employees to bond with their employers and each other and encourages friendly banter and camaraderie. However, in all the excitement it is possible for people to overstep their boundaries and comments about the matches, the players and the tactics could turn into racial slurs, nationalistic harassment and discrimination. To avoid this type of behaviour occurring, employers should focus on:

• Treating all employees in the same way regardless of race, sex or nationality. For example, if you allow England Supporters time off to watch an England game, you should apply the same policy to non-English nationals who want to watch their own national team. Likewise, do not assume that only men will be interested in the football and remember that those who are not interested in the football should still be treated fairly and not excluded from the festivities.
• Publicising the equal opportunities policy and any non harassment/bullying policy to ensure employees are familiar with their obligations and understand that any offensive behaviour will not be overlooked and will be dealt with through a disciplinary process.

You may want to consider preparing a memo on how you intend to deal with the world cup and if you do this (with or without consultation with the workforce) please ensure you take into account the above points. Given that any note is unlikely to be overly complicated you may want to speak to or pass the note through your solicitor to ensure it is compliant with employment law.

The fact is the world cup only comes every four years so enjoy it! Whilst it can pose problems for businesses none of them are insurmountable and it can be used to engage positively with employees, increase their morale and trust in their employer and encourage mutual respect and goodwill. If nothing else it will lift the spirits of the UK during this tough recession and encourage people to come together. So lets embrace it!