......What are the legal implications?
Such an event or other similar sporting events may lead to increased absenteeism in the workplace, which in turn may have a direct impact on an employer's productivity, profitability and competitiveness. We thought we'd take a quick look at a few legal considerations.
Employers need to ensure that there is a clear written policy in place dealing with absence to avoid employees taking unauthorised days off or spurious sick leave. The policy on absence should be clear and concise and be brought to the specific attention of all employees. It should set out the appropriate procedures for notification and certification requirements in the event of absence from work. The consequences of unjustified absenteeism should also be clearly outlined in the policy. It is important that the policy is applied by the employer in practice and in a fair and equal manner. Employers should also ensure that contracts of employment and/or staff handbooks are consistent with the policy.
Employers may consider notifying employees prior to a major sporting event that an abuse of the absenteeism or sickness policy may result in disciplinary action. Employers should also implement a system of monitoring employee absence and maintain accurate and up to date attendance records. Employees should be made aware of such systems. Employers may consider adopting any of the following measures, depending on the requirements of their business, to prevent increased absenteeism or spurious sick leave during sporting events: -
Issues to consider:
Finally, although Ireland has not qualified for the competition employers should not forget that the countries of many employees are participating in the World Cup. They should be aware therefore of cross culture issues and would do well to warn all staff that support of their team should not interfere with good relations between all employees and in particular, those supporting other countries.