Employers must tackle their game plan before kick-off 

With the 2018 World Cup about to kick-off in Moscow, football fans will have their eye on the ball, whether for England or their home country. And following England’s 2-1 win in its warm-up friendly with Nigeria, the tactics for the team are likely to be the focus of much debate. 

But it’s not just the players who need to warm up, as UK business needs to tackle the tournament challenge head-on, with the potential of lost working hours due to employees staying home to watch the games and disagreements in the workplace over competing team interests.

Experts say the best approach is to revisit your policies now, before kick-off, and if there are any gaps in guidance, make sure to get them covered. Then, it’s down to reminding everyone of the importance of staying within the boundaries for any workplace discussions, and a reinforcement of company attitudes towards absenteeism and any likely issues that may arise, such as alcohol consumption or watching games during working hours.

Major sporting events like the World Cup build a competitive atmosphere and when this spills over into the workplace it may inflame existing tensions, and that can spell difficulty for employers.

With today’s multi-cultural workplaces there is more chance that ill-considered comments fuelled by nationality or race may give rise to offence, and the employer could find themselves liable for the actions of their employees and face claims for discrimination.

Policies should cover equal opportunities and non-harassment with clear disciplinary procedures for anyone who shows inappropriate behaviour with colleagues on grounds of nationality, colour or race.

Companies also need to be sure their sickness absence procedures are up-to-date, that everyone knows the formal process to be followed and what will happen if there is an unauthorised absence. Once the tournament is underway, if it is thought that any employee has taken time off to see a match, it’s worth making sure that back-to-work interviews are undertaken and the reason for absence investigated. There may have been a legitimate reason, but showing that any absence will be checked shows the focus is on and may help to see off subsequent absences among the workforce.

Similarly, attitudes towards alcohol consumption and use of internet during working hours for personal use should be addressed in the company handbook.

If you haven’t drawn up policies for any of these areas, then now is the time to do so. Also, you should check that existing policies are still fit for purpose. Technology is developing quickly, and most people now have smartphones they can use to watch games. So, if previously you’ve only considered the use of company equipment in your internet policy, now is the time to tackle what happens if someone is making personal use of the internet during working hours on their own equipment.

Our specialist team of Employment Solicitors at Hart Brown would be delighted to assist any business who may be in this situation

This is not legal advice; it is intended to provide information of general interest about current legal issues.

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Jane Crosby

Partner, Dispute Resolution

Jane is an employment and commercial litigation solicitor of more than 15 years' experience. Prior to entering the legal profession, Jane was employed in the...

Partner, Dispute Resolution

Jane Crosby

Jane is an employment and commercial litigation solicitor of more than 15 years' experience.

Prior to entering the legal profession, Jane was employed in the aviation industry. This experience is appreciated by many of Jane's clients who note that she is able to take a commercial and pragmatic approach to any legal issue that they face.

Jane acts for a wide range of individuals and businesses and her areas of specialism include aviation, property related industries and IT. Jane regularly advises on aspects of employment law, such as settlement agreements, employment contracts, policies and procedures, redundancies, equal pay, data protection, issues arising from TUPE and reorganisations, the calculation of holiday pay, bonus and commission payments, disciplinary and grievance issues, dismissal and termination issues, the protection of confidential information and the enforcement of restrictive covenants. Jane gets involved in GDPR training for her clients and she is able to deliver tailored employment law training sessions upon request.

As a commercial litigation lawyer, Jane also deals in shareholder and directors disputes, commercial contract disputes and the enforcement of restrictive covenants.

Jane has been involved in successful high value commercial litigation for clients in the High Courts, she is an accredited mediator and she is a member of the Employment Lawyers Association.

Jane is often asked to write for a number of well known publications, including The Daily Mail, The Telegraph and The Week and she has been interviewed on BBC Radio 4.

Here is small selection of the feedback that Jane has received:

“Jane, I cannot sincerely thank you enough for your wise counsel and am delighted to have made your acquaintance. If I am blessed with a new position somewhere I will hand over my contract in the first instance to you. Likewise, any of my friends, peers, romans and countrymen wanting advice, I will point them in your direction.”

“Jane, you have been most resilient on my behalf for which I sincerely thank you for all your endeavours. I have a tremendous working relationship with Hart Brown and you have undoubtedly compounded this further."

“I appreciated the clarity of advice given at a stressful time”.

“A sensitive and highly professional approach and efficient work in the interests of the client”.

“Your advice, conduct and assistance have been indeed outstanding and very professional but also – and most importantly – very humane”.

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Hart Brown Solicitors is the trading name of Hart Brown LLP registered in England and Wales No. OC 425835 whose registered office is Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX and is authorised and regulated by the Solicitors Regulation Authority (SRA) No. 658593. Members: N Maud, T Pearce, D Knapp, R Campbell and P Grimwood, Partners: J Crosby, L Harrhy, J Jupp, J Lamont, T Mandelli, V McMurtrie, E Moore, S Osborne, S Powell and G Sanders.

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