With the World Cup just around the corner, Wimbledon coming up and only two years until the London Olympics, now is the perfect time to consider a range of workplace policies. It is becoming increasingly easy for employees to neglect their duties and sneak a look at the latest scores with access to any number of desktop distractions - iPlayer, radio, website streaming, mobile phones - or simply to "eat some dodgy seafood" rendering them unfit for work for a day or for the duration of the finals. There are some sensible and inexpensive precautionary measures which can be taken, however, to avoid unauthorised 'sickies', reduced productivity and abnormal non-attendance.
Holidays
It has been difficult to avoid the World Cup build-up as every other commercial and product somehow manages to affiliate itself with a team or event. Employers should be exercising extra caution at this time to avoid unnecessary and unauthorised absence. The hardcore sports fans might take annual leave to enjoy following England through the early stages but most companies have the discretion to refuse leave where the needs of the business might be compromised.
Where a contract is silent on requesting holidays, the Working Time Regulations stipulate that an employee must give advance notice of twice the number of days they wish to take off. However, an early warning to employees that any absence during the World Cup period will be treated suspiciously and/or that legitimate holiday requests will be considered on an individual or first come first served basis.
Sickness absence
Other employees might choose to exercise their own discretion and view midday matches as a legitimate excuse to call in sick. Unfortunately, sickness absence is difficult to police, especially where it is a one-off day or two. Whether sickness absence should be paid or not is dependent on the individual contract of employment. Where a statutory sick pay scheme is offered, the first three days of any absence is unpaid.
Alternatively, if the contract allows for sick pay and you refuse to make a payment the company may suffer a claim of breach of contract. If there is any suspicion that the illness is not genuine (or self-induced) it is for the company to conduct a proper investigation and, if necessary, follow a disciplinary procedure in-keeping with the ACAS guidance. You might also want to consider return to work interviews to assess the employee on his or her return.
A pre-emptive warning that cases of suspicious illness will be investigated and may result in disciplinary action might help. Reminding employees of the sickness notification procedures will not do any harm in preventing unauthorised absence.
Flexible Working
A company might consider, where possible, implementing a temporary flexible working policy allowing employees to make up their hours within certain parameters (i.e. core hours which are compulsory). This will potentially avoid the temptation to take unauthorised leave or not commit fully to work whilst in the office.
Moving rest breaks
Allowing employees to work through set breaks such as lunch hours and then allowing them to leave the workplace early, might suit some employees and companies. However, the Working Time Regulations require employees to be able to take rest breaks where their day exceeds 6 hours and adequate daily rest breaks of 11 hours in any 24 hour period. Although the Regulations do not forbid the taking of rest breaks at the beginning and end of a day, the DTI would not look kindly upon it if it were to occur on a regular basis.
Home working
There has to be a certain amount of trust between a company and an employee for home working to succeed. Manageable and accountable targets can also assist in measuring how productive an employee proves to be when not supervised in the workplace. There are also health and safety implications if home-working is not already exercised by the employee.
Facilities at work
Why not use the timing of the matches to the company's advantage and use its facilities to show the World Cup on its own screens for its employees. An unexpected benefit such as this may have a positive effect on productivity during the World Cup period. This might also build some good relations between teams and colleagues as well as managers and directors. Some firms have extended the invitation out to clients, ensuring that time which might have been spent away from the office becomes a networking opportunity. Beware, if alcohol is served or permitted, there may be negative consequences which can be avoided with sensible planning and appropriate warnings.
Alternatively, if employees are permitted to watch events from their own desktops, on TVs in the workplace or even radios, the company should take precautions to ensure it is not in breach of any regulations. Check that the company has the correct TV licenses which permit the showing or playing of live broadcasts. Even live streaming from websites often requires the purchase of a licence. A policy informing employees of their own obligations as well as those of the company may avoid unexpected fines and a decline in productivity, but ignorance will not be a defence if caught out. Check also your internet usage policies and remind employees of them.
And for those who are not interested in the World Cup (or expect England to be out in the first round), all of this advice is equally relevant to this summer's other big event: the final Big Brother. As with most things (including Big Brother): prevention is better than cure.
For further information and advice on workplace policies or any other employment law matter, please contact a member of the Employment Law team on 0114 266 6660
