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With the FIFA World Cup kicking off it's important for employers to be aware of the issues they may face.
The competition will run from 11 June to 11 July 2010. Employers may receive requests from staff to take time off to watch the televised matches. Other employees may not be so honest and take a sick day instead or time off work to recover from a post-match hangover.
Generally the timings of the England matches fit in well with UK working patterns with only one England game scheduled during the day. The final group stage match is against Slovenia, which kicks off at 3pm on 23 June. Should England progress (hopefully!) to the knockout stages of the World Cup they are not scheduled to play any further matches before 7.30pm Monday to Friday. Nevertheless, staff may get caught up in celebrations and distracted from their work commitments. You may also have to bear in mind employees who work outside core hours who want to watch the World Cup.
Do you have to let staff watch it?
Of course there is no legal requirement for employers to give employees time off work to watch the World Cup. Whether or not you do is a matter for you to decide, taking into account the needs of the business. The TUC has issued advice for staff wanting to watch the tournament, saying that this is a perfect time for employers to embrace flexible working. It believes that a blanket ban runs the risk of demotivating staff and losing working time through unauthorised sick days. Indeed the World Cup offers an opportunity to gain goodwill from staff at little cost to employers.
Requests for time off work
Employers who receive a request for authorised time off work may wish to consider using one or more of the following options:
(i) Agreeing employees can take time off as paid holiday;
(ii) Allowing employees to take unpaid leave;
(iii) Be flexible about hours of work, for example, so that staff can start later or end their working day earlier, authorising longer breaks, allowing them to make the time up;
(iv) Allowing staff to watch televised matches, or online, or listen to the radio.
Treat staff fairly and consistently
Don't forget that not everyone supports England. There are 32 teams participating in the World Cup. It is important not to discriminate when deciding for which matches to grant time off from work. If time is to be allowed for England matches, it should also be given for other nations, so that employees of different nationalities can follow their team. To do otherwise would risk claims of discrimination. Also, remember to balance the needs of your workforce including those who don't have an interest in the World Cup. They shouldn't be treated any differently, for example if a person with caring responsibilities makes a request to work flexibly.
Taking a "sickie" or time off for hangovers
Inevitably, some employees will phone in to take a sick day to watch a match or recover from a hangover. Others may simply not turn up to work at all, which would be an unauthorised absence. The best course of action is to be clear from the outset about what you expect from employees in terms of attendance and performance during the World Cup. Taking steps beforehand is key to keeping staff onside and avoiding problems in the workplace.
Policy on the World Cup
On this basis consider issuing all staff with an e-mail or memorandum to let them know your policy on the World Cup. Ideally work with your staff as a team to keep them happy on this issue. However, be clear if employees take unauthorised time off work or a sick day that isn't genuine then this will be a disciplinary matter. You could require proof of sickness absence from staff such as a doctor's certificate, possibly for key days of the World Cup. If you do this then you should have a consistent policy and apply it to everyone. It may be considered fair for an employer to pay the cost of any doctor's certificate for which there can be a charge for absences less than seven days. In any event, it is good practice for staff to have a return to work interview after a sickness absence, which may assist.
So, make sure you have an advance strategy in place to deal with your staff's enthusiasm for the World Cup and avoid scoring an own goal!
If you would like to discuss any of the issues raised please contact Laura McFadyen from Stephens Scown's Employment Law team in Exeter on 01392 210700 or email her.

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