It’s the big sporting event perennial. With the football World Cup in South Africa kicking off on the 11th June, employers are asking for advice on how to accommodate employees who are scheduled for work but would rather watch their favourite team in action. According to a survey of 100 HR directors, 63% of organisations have already made provisions for staff to watch World Cup matches, while a further 10% said they would allow arrangements to be made on a local level.

When it comes to laying on special facilities, employers are putting in place a range including TVs in communal rooms or staff rooms, making radios available or allowing employees to watch the game online. We suspect the enthusiasm for this type of response depends on how football mad the boss is and don’t forget you need a TV licence. Also beware of claims of discrimination from tennis, rugby, cricket, Formula 1 etc etc fans if you don’t accord them equal treatment. (Note: no, you haven’t missed some new legislation but don’t bank on not getting a claim based on indirect discrimination!)

So what is a more measured approach?

There is no legal requirement for employers to give employees time off to watch World Cup matches. Whether or not to grant time off is a matter for employers to consider, taking into account the needs of the business. During key sporting events, such as the football World Cup, some employers operate a "business as usual" approach whereby employees who want to take time off must request annual leave in the usual way. Where flexible working practices exist, employees may be able to work around the matches they want to watch and make up lost time. Allowing shift swapping is also a good idea.

However, employers are unlikely to be in a position to grant all requests for time off or annual leave to watch football. A large number of employees may request time off to watch key matches and these requests will compete with other holiday requests. The needs of the business must take precedence and employers will have to ensure that they deal with competing requests fairly. Employers should deal with requests for annual leave in the same way as they deal with requests for leave during other periods of high demand, such as during school holidays or the Christmas period.

Employers should not discriminate when deciding which matches to grant time off for. If time off is to be granted to watch key England matches, it should also be granted to watch key matches involving other nations so that employees of different nationalities can follow their team.

Given that the World Cup may lead to increased unauthorised absence (including non-genuine sickness absence) employers may wish to put specific rules and procedures in place during the World Cup period. For example, employees who are off sick (other than those who are already known to be on long-term sickness absence) could be required to notify their absence to a specified person, for example a specific member of the management team. This would help to make employees aware that the employer is closely monitoring sickness absence during the period.

Watching the games on the internet?

Different employers take differing approaches to internet usage that is not work related. Some employers prohibit personal use of their internet facilities, while others allow employees to access the internet at work for personal use provided that usage is reasonable and/or during breaks. It is advisable for employers to adopt an internet policy that makes clear their approach in relation to employees' personal use of the internet, and to specify what is permitted in terms of time spent and the types of site that may be visited. In the run-up to the World Cup it may be worthwhile for employers to remind employees of their rules in relation to internet use and that those rules apply to the following of the World Cup.

What about the post match discussions?

Employers should not preclude employees from discussing the World Cup during work time. However, if conversations about the World Cup impact on the performance of individual employees or parts of an employer's operations (because employees spend too much time talking and distracting others), the employer will need to address the matter.

And the post-match celebrations?

If an employee attends work under the influence of alcohol after watching a World Cup match, or is unfit to work due to being hung-over, the employer should deal with the matter in line with its policy on alcohol use, and its disciplinary procedure. It should treat drunkenness at work in these circumstances as it would any other incidence of drunkenness (or unfitness for work as a result of previous alcohol consumption).

Being late?

Where an employee is late for work because he or she stayed up to watch a late World Cup match the previous night, but this is a one-off occurrence, the employer may choose to overlook the incident or give the employee an informal warning, unless there are consequences for the employer (for example a deadline is missed or a client relationship is damaged).

An informal warning will usually be sufficient to address poor timekeeping. However, if an employee's late arrival for work becomes a regular occurrence, the employer should deal with the situation under its attendance/absence policy. In some cases, it will be appropriate for the employer to instigate the disciplinary procedure.

Getting the balance right between maintaining productivity and efficiency and keeping the workforce happy is tricky but it’s important to remember that past studies have shown that sport plays a crucial, yet unofficial, part in creating bonds between colleagues and customers, which has a positive knock-on effect on the bottom line.

And if England reach the final and you have work that just has to be done at that time? Be grateful for the diverse work force you have built up; allegedly the best selling tee shirt in Scotland has the inscription ABE (Anybody But England)!

If you have any specific World Cup issues you would like to discuss, please call Lynne on 01494 451681 or e-mail lynne@hradvantage.co.uk