World Cup fever

The problem

The football World Cup tournament is due to start on 31 May. It is being played in Japan and South Korea, which are nine hours ahead of the UK. Matches to be televised live will be shown here from the early hours of the morning until around lunchtime.

A variety of excuses for absence may be received from employees who succumb to World Cup fever and the lure of the big match. What can the employer do about it?

The law

Unauthorised absence from work is a breach of contract on the employee's part, entitling the employer to take disciplinary action. If genuine illness is the reason for the absence, disciplinary action will not generally be an option, unless the employee has had previous warnings for poor attendance caused by a series of minor ailments.

An employee with at least one year's service can bring an unfair dismissal claim. It will normally be unfair to dismiss for a single occasion of unauthorised absence. If an employee has been given formal warnings previously for unauthorised absence, dismissal will be an option for the employer.

In all cases, an employer should aim to comply with the basic principles of procedural fairness. That means ensuring that employees know and understand the employer's rules and what may happen if those rules are broken; are given the opportunity to defend themselves and explain their behaviour before a decision is reached, and can challenge any decision by means of an internal appeal.

Expert advice

The employer may have clearly stated rules of conduct as part of a disciplinary procedure. These may include provisions for dealing with unauthorised or intermittent absences.

It is necessary to consider how such rules have been applied in practice in the past. Consistency of application is important in assessing the fairness of any dismissal.

If the employer has no written rules, or if rules exist but have not been clearly drawn to the attention of employees, the employer needs to communicate, preferably in writing, what its attitude will be towards unauthorised absences which happen to coincide with important World Cup matches.

Employees with a formal warning already on their record need to be aware that absence without authority to watch a football match will put them at risk of dismissal.

Some employers may wish to make arrangements to record matches so that employees can watch video recordings at the workplace during authorised breaks.

Beware!

A common mistake is to lose patience with the employee who appears to be in flagrant breach of the employer's rules, and to dismiss without any attempt to follow a fair procedure.

Jumping to conclusions and dismissing without giving employees a chance to defend themselves against a charge of unauthorised absence is bound to produce an unfair dismissal.

Even if the employee has received a previous formal written warning, it is not safe to assume there will be no valid excuse for the absence. If this is not explored, the dismissal will be unfair.

An unfairly dismissed employee can be awarded significant compensation for financial loss (up to £52,600) plus a basic award which varies with age and length of service.

Check list

• Check what your conduct rules say. Are your employees aware of them?
• Do the rules cover the possible situations that may arise during the World Cup? If not, make it clear how the rules will be applied to employees who are unexpectedly absent on the dates of World Cup matches.
• Can you do anything to discourage absenteeism by providing opportunities for employees to watch parts of matches during authorised breaks at the workplace?
• Apply the basic principles of procedural fairness before giving a warning or dismissing an employee - state in writing the allegation against the employee which causes you to contemplate a warning or dismissal; invite the employee to attend a meeting; consider what the employee has to say in his or her defence and convey your decision in writing after the meeting; allow a right of appeal against the decision.

Contacts

Keith Potter Stevens & Bolton
01483 734205
keith.potter@stevens-bolton.co.uk

Employment Law and Industrial Relations Helpline 020 7396 5100