More than half a million people in Britain turn up to
work with a hangover and, during Euro 2012 and possibly also during
the Olympics, this figure is likely to soar. The knock-on effects
of football or sport mania can cause huge headaches for employers.
In the second of three articles covering the 2012 summer of sport
employment issues, lawyers in our
Employment Team answer some questions which you may be faced
with.
The Olympics and sport mania is likely to have knock-on effects for
employers, especially if the effects of alcohol and frustration
lead to violence inside or outside of the workplace. Will
Walsh answers some of the most frequent questions.
What should I do if an employee comes to work under the
influence of alcohol after watching a match?
If an employee comes into work under the influence of
alcohol or you suspect that they might be, you may suspend them
pending disciplinary action, particularly if their presence in the
workplace might present a risk to their health and safety or that
of their colleagues. Suspension pending disciplinary action would
normally be on full pay, however, you may consider treating that
day as sickness absence or requiring the employee to take it as
annual leave.
What about if post-match frustrations turn to violence in
the workplace?
Any act of violence committed by an employee in the work
place is likely to constitute gross misconduct. Such an employee
should be immediately suspended pending an investigation into the
incident. The manager conducting the investigation should speak to
witnesses and obtain statements where possible. Then, depending on
the evidence, the employee should be invited to attend a
disciplinary hearing. A decision to dismiss should only be taken
after the employee has been allowed to state his or her case at a
disciplinary hearing.
An employee dismissed on grounds of gross misconduct should be
given the right to appeal against that decision. However you do not
have to wait for the outcome of that appeal before the dismissal
can take effect. A subsequent successful appeal would just mean
that they are reinstated and they would be entitled for their
backdated pay for the intervening period.
What if one of my employees is arrested and charged with an
offence following an incident after a match?
It is permissible to dismiss an employee if they have
committed an act of misconduct outside the workplace provided that
the conduct complained of is likely to affect the continued
employment relationship. The ACAS Code of Practice on Disciplinary
and Grievance Procedures states that where an employee is charged
with or convicted of a criminal offence not related to work this is
not normally a reason for disciplinary action.
You must establish the facts of the case and decide whether or not
the offence is serious enough to warrant invoking the disciplinary
procedure. You should consider what effect the charge or conviction
has on the employee's suitability to do the job and the
employee's relationship with you as the employer, work
colleagues and customers. Alternatively, it may be that adverse
publicity surrounding the issue could bring your organisation into
disrepute. The types of criminal offence that are most likely to
affect the employment relationship are those involving dishonesty,
violence and sexual offences. The fairness of a dismissal in each
case will depend on the nature of the employee's job in
relation to the type of offence.
In certain circumstances, where a criminal investigation is
ongoing, it may be appropriate to wait for such an investigation to
be concluded before taking the decision to dismiss. However, this
may not always be the case. The issues the police would consider in
terms of a prosecution are different to those you would need to
consider as an employer when deciding whether or not to take
disciplinary action.
What about for matches that happen during working hours -
can I stop my employees watching a match on the internet when they
should be working?
Yes you can. Before the competition starts, you should
make sure that you remind your staff of any policy on Internet use
already in place. If you don't have such a policy in place, it
is important that this is done as soon as possible. If you
don't have time to put a comprehensive policy in place before
Euro 2012 and the London Olympics, consider sending a reminder to
staff by email in the meantime.
Some research suggests that productivity actually increases when
employees are feeling good about their national team. Therefore,
allowing some Internet use, while clamping down on inappropriate or
excessive use, might strike the balance needed to ensure high
morale without damaging your business.
If you have employees who are acting in breach of your Internet
policy, this should be stated in the policy to be a disciplinary
offence and would need to be dealt with in accordance with your
disciplinary procedure. You should check that your list of what
constitutes misconduct and/or gross misconduct in your disciplinary
rules includes misuse of the internet and breach of your Internet
policy. Most importantly, any disciplinary action must be applied
consistently and fairly.
Look out for the Employment Team's third article, which will
deal with discriminatory issues in the workplace arising out of the
2012 summer of sport. In the meantime, click to read our first
article –
Summer Sport Skivers.
This document is provided for information purposes only and
does not constitute legal advice. Professional legal advice should
be obtained before taking or refraining from taking any action as a
result of the contents of this document.
ARTICLE
18 July 2012
Foul Play: When Workers 'Kick Off'
More than half a million people in Britain turn up to work with a hangover and, during Euro 2012 and possibly also during the Olympics, this figure is likely to soar. The knock-on effects of football or sport mania can cause huge headaches for employers.