Keeping on the ball - HR issues during the World Cup

David Beckham has a ruptured Achilles tendon and can't play, flags and red and white facepaint are appearing in the shops and the WAGs are out in force (or at least those who have been allowed to go…). No one could have missed that the FIFA World Cup, in South Africa, begins on Friday 11 June.

Whilst England's first two matches have been scheduled for evenings, the third match (England v Slovenia on Wednesday 23 June) will be at 3pm UK time ... and there's always the chance that England might progress into the later stages of the tournament, with more games scheduled during working hours. So while Fabio Capello is making his final preparations, how should HR teams be getting in shape for the World Cup?

How should employers deal with last minute holiday requests?

Employees may request holiday (including half days) for match days (or the morning after!). If England progress through to the later rounds then such requests could be made at short notice. You should refer to your holiday policy to see how you should handle requests. If it is silent as to how much notice is required in order to take holiday, then the Working Time Regulations, which require an employee to give notice equivalent to twice the number of days he or she wants off, will apply.

If you receive multiple holiday requests for the same day then this should normally be dealt with on a first come, first served basis. Remember that you can refuse requests if the employee hasn't given proper notice or if the needs of the business mean that all the holiday requests can't be accommodated.

What about offering flexible working arrangements?

Some employers will be offering employees flexible working arrangements to enable them to watch the matches. This might involve allowing an early start and finish time, or allowing staff to take a later, extended lunch break.

If you take this approach, you will obviously need to decide whether employees who take advantage of a flexible working pattern should be required to make their hours up later in the week. You should also be clear that flexibility will only be allowed so long as it does not conflict with the needs of the business.  

Should we allow staff to watch matches at work?

Many employers will make arrangements to allow employees to watch matches during the working day, for example by putting a TV in the canteen or other shared area. This is probably a good way to avoid absenteeism and can boost staff morale. However, it's worth making sure that the TV is in an area where it won't disturb those who aren't watching, and who are actually trying to get on with some work.

You should also consider whether to provide alcohol to staff watching matches in the office. Whilst this might prevent employees trying to smuggle in their own booze, it certainly won't be appropriate if you expect staff to go back to work after the match!

If you don't show games in the office, or employees are unable to get away from their desks, they may wish to watch or listen to matches live on their computers. Many employers have a Computer Usage Policy which, for example, prohibits the use of live-streaming or limits personal use of the internet. If you have such rules and intend to enforce them during the World Cup – so that employees should not watch matches via their computer - then it would be worth reminding staff of the policy ahead of the start of the tournament. There might also be licensing issues for your business if employees are watching live matches on their computers and your premises don’t have a TV licence.

What if employees take their national pride too far?

Whilst the World Cup can be a great opportunity to boost staff morale, there is the risk that some employees could take good natured support for their team a step too far. Be alert to possible breaches of your Diversity and Equal Opportunities policies if employees engage in nationalistic jokes or banter.

An employee could bring a claim of harassment if they are subjected to unwanted conduct which has the purpose or effect of violating their dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment, on grounds of their nationality or ethnic origins. Ensure that any breach of your Diversity and Equal Opportunities Policies are dealt with seriously and (where appropriate) handled as a disciplinary offence.

What about employees who aren’t England fans?

If you are going to make certain allowances for staff to enable them to watch England matches, then you must also allow employees of other nationalities similar flexibility so that they can watch their teams’ matches. Otherwise, it’s not inconceivable that you could be faced with allegations of discrimination.

Also remember that there might be some employees who aren't football fans! For those employees you might want to consider offering them the opportunity to finish early on match days as well, or allow them to take a longer lunch break on an alternative day.

And finally… what about the suspicious sickie?

What if the unimaginable happens and England actually reaches the final on Sunday 11 July? You might be expecting a lot of employees to phone in sick on Monday after a long night of partying or drowning their sorrows. If you do suspect that employees are not genuinely sick (and are taking time off during the tournament to watch matches or nurse hangovers) this will of course be difficult to prove.

You can however insist that employees follow your sickness absence procedures, phoning in by a certain time and self-certifying for their absence (assuming that their absence is for less than seven days). You might also ensure that managers have ‘return to work’ meetings following any absences within their team.

So, as all eyes turn to South Africa and we prepare ourselves for the dreams, drama and penalty shootouts, remember … at least it will all be over in a month’s time!

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For more information please contact

Hannah Price

or your usual Lewis Silkin contact