World cup fever

08 June 2006

The first kick off for the world cup is fast approaching and with it, a whole range of employment law conundrums – are you prepared?

Unexpected sickies

The most obvious problem likely to affect employers is staff taking "sickies" to watch the matches. Fortunately, the first three England matches are on a Saturday or late afternoon or evening so there may be less disruption than there was for the matches at the last world cup in Japan and Korea. The misdemeanour this time is more likely to be staff sloping off early or rolling in late (complete with hangover) the following morning.

There are several steps you can put in place to minimise problems. If employees want to take time off, encourage them to get requests for annual leave in promptly so that you can ensure adequate staffing levels in sufficient time. Remind staff of working hours and absence procedures and that unauthorised absence will be dealt with under the disciplinary procedure. Consider allowing flexibility in working hours so that staff are less likely to take time off. Possibilities include:

Allowing staff to take unpaid leave
Agreeing flexible hours to allow employees to leave early or start late to watch the matches and make the time up at other times
Provide access to a television at work to allow employees to take a short period of time out rather than a full day sickie.

According to Personnel Today, supermarket chain, Asda, is a shining example of how this type of approach can work. Asda’s schemes include: allowing its workers to ask for either a week or two weeks unpaid leave during the World Cup season; running shift swapping schemes; allowing extended breaks; fielding requests for odd days off to watch certain matches; and tuning shop-floor televisions into the World Cup. It is reported that Asda’s approach has meant that during previous tournaments, such as Euro 2004 and the 2002 World Cup, there was no increase in absenteeism.

If you suspect employees are taking sickies, a return to work interview should help to clarify the reason for the absence and provide the opportunity to tackle the problem. However, be careful not to jump to conclusions – the sickness could be genuine. Above all, if you intend to take disciplinary action, make sure you follow your disciplinary procedure and the statutory disciplinary and dismissal procedures.

Some employers may also wish to monitor employees during the footie season, using existing CCTV systems, email or the internet. If you are thinking of doing this, you must ensure any monitoring complies with your company policy and with the Data Protection Act 1998 and Code of Practice. If in doubt, take advice before monitoring.

Discrimination issues

There has already been controversy over getting the balance right between patriotism and racism. Football supporters ranging from schoolchildren to taxi-drivers have been subjected to a clampdown on flying their team colours. Another supermarket, Tesco, suffered a backlash from staff and local radio stations when it banned its delivery drivers from displaying England flags in their cabs. The rationale behind their decision was well-intended - the England flags could have offended other workers, potentially of different nationalities and ethnicities, who might then have to drive the vehicles. However, the public pressure and anger from members of the public, led to a change of policy and Tesco took a U-turn and allowed the drivers to fly their flags.

The key to getting the balance right is to ensure that you treat your staff consistently. If you allow your employees to fly flags, make sure they’re aware it applies equally to the flags of all countries, not just the St George cross. The same applies to requests for time off or to watch the matches – employees of different nationalities are likely to want to watch matches other than the England games. You should also be alert to employees taking patriotism a step too far in the direction of xenophobia and creating an uncomfortable environment for employees of different nationalities or ethnic origins. If you don’t take sufficient measures to tackle this type of situation, you may leave yourself and your company open to claims for bullying and harassment.

You must also ensure that requests for time off work are treated equally between men & women. Woe betide the employer that allows its male employees longer lunchbreaks or early leave times and expects its female employees to cover for them on the basis they are likely to be less interested in football. Instead, if you allow football privileges for employees, you should offer similar privileges to those who do not want to watch the World Cup. In summary, ensure that requests for leave or flexible hours are dealt with fairly between employees of different sexes, nationalities, ethnic origins and interests. Above all, enjoy the football fever!