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World Cup and a HR Hangover

November 21, 2022 By Bater Law

The 22nd FIFA World Cup kicked off in Qatar this weekend!

It will be an exciting month for football fans around the world watching the top 32 national teams (especially for Wales having qualified for the first time since 1958) battle it out for the top spot of number one. Understandably there is likely to be a buzz around the office because of the World Cup.

With the World Cup being played in a different time zone, matches are likely to kick off during working hours. You may be willing to put screens up in the office for key matches or you may require staff to take annual leave.

Now, I don’t want to be the one handing out yellow or red cards to staff…excuse the awful pun…but here are our top tips for preparing your business for the Football World Cup.

  1. Can staff ask to work different hours or work from home?

You should discuss the request with the employee. We would advise that you refer staff to the Flexible Working Request Policy if they would like to make a request.

If staff do not work from home usually then you will need to think about the following:

  1. You will need to carry out a health and safety risk assessment to ensure there are no risks to their health.
  2. You should be confident that they have somewhere to sit and aren’t likely to be disturbed by children etc.
  3. How will you monitor their work?
  4. Can the role be carried out at a different location?

If the employee requests to work different hours i.e. work a shorter day and make the time back, one question you need to ask is will the employee be able to make up the time if they ask to work different hours?

You should deal with the requests fairly and consistently and in accordance with the policy.

You may want to consider allowing staff to listen to the radio or watch the TV at their desk or in the staff room.

If it is not suitable to allow staff to start earlier and finish later, you may wish to look at allowing staff to take breaks during event times.

  1. Increased or not genuine sickness absence

You may want to keep a closer eye on absence patterns which may form during the World Cup. High levels of sickness or late attendance may be on the increase due to match fixtures taking place and/or post event celebrations.

You should take their absence as genuine, unless there is evidence to suggest otherwise i.e. a post on Facebook that they are at the pub instead of in bed with a cough and cold.

Best practice will be for you to remind staff of the sickness absence policy and that this policy continues to apply during the tournament. This will also be a good time to remind staff that if they fail to follow the policy correctly then they may be subjected to formal disciplinary guidance.

The policy should be implemented fairly and consistently across the board, you cannot potentially dismiss one and let another get away with it.

We advise you do this for any absence, when a member of staff returns from sickness absence you should carry out a return-to-work (RTW) meeting with them. You may find out at this stage that there reason for absence does not add up, or they have genuinely been unwell.

In any event, if you are concerned about staff absence during the World Cup and you are unsure of what to do, you should ask for advice.

  1. Increased requests for annual leave

Employees may want to take annual leave to watch some matches, you may receive more requests than normal and be unable to accept all the leave requests.

Our advice to you is that you remind all staff of the annual leave policy you have in place. This will set out exactly what is expected of them, in order to make annual leave requests.

You may wish to adopt a “first come, first granted” approach to annual leave during this period.

If however, you would like to be more flexible with granting time off, you can do this, however, you should remind all employee’s that the business can only allow for a certain number of staff to take leave at one time.

All leave requests should be considered fairly.

  1. Can we allow staff to watch the World Cup during working hours?

You should review your IT, Social Media and Mobile Phone Policies to see what they set out and remind staff of the policies.

You can allow staff to watch the World Cup, but you may want to ere on the side of caution and make clear what is expected of them as the business will need to run as normal.

You may wish to add that their performance will be reviewed and if there is any sign of performance issues then staff will no longer be able to watch the World Cup during working hours.

 

  1. We are worried staff may attend work under the influence.

Many of the matches are going to kick-off during the working day. Some members of staff may opt to attend the pub and have a drink during their lunch break or after work.

You should therefore remind all employees of the alcohol policy. We also recommend that you inform staff that it is unacceptable to attend work under the influence of alcohol or drugs or to be caught drinking and/or taking drugs at work, if they fail to comply then they may be subject to disciplinary action.

If you are concerned that an employee is intoxicated in the workplace, and worried for staff health and safety, it may be appropriate to send them home, ensuring they do not drive home. Please note you will be required to pay them for the remainder of their shift.

If you have any concerns about staff attending work under the influence, you should ask for advice.

  1. Should we be concerned about discrimination?

Potentially, issues could arise. If you only allow staff flexibility or time off for particular nations this may give rise to a race discrimination claim.

The other concern for HR is ‘banter’. Friendly rivalry between colleagues can be fun and is part and parcel of any sport game. However, some colleagues can take it one step too far. To minimise an increase in grievances or potential discrimination claims being brought, you should remind all employees of the behaviour you expect from them and the sort of behaviour that will not be accepted.

  1. Inappropriate comments made on Social Media by staff members?

Whilst people are entitled to their own opinions, people cannot say whatever they want. If comments made amount to a ‘hate crime’ they can be prosecuted, but how does this impact their employment?

Provided an employee uses their own social media account to express their views, and the business cannot be identified as their employer, it will be difficult to take action against them.

If staff have made inappropriate comments which have been seen by staff members, and you can be identified as the employer. It may bring the business into disrepute and be appropriate to begin the disciplinary process.

It’s therefore best to try and prevent it by reminding staff of your social media policy and that they should be careful as to what they post on social media, as it could bring the company into disrepute.

If you are concerned with any comments made online, you should seek advice.

  1. Enjoy the World Cup…

You can use the World Cup to boost morale in the office and have a bit of fun by introducing a sweepstake.

For more advice please contact us on [email protected]

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Bater Law

Ceri Bater is a qualified solicitor, with over 15 years experience in litigation matters.


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