The Rugby World Cup and Employment Law Issues

It seems that every few months there is some major sporting event for employers to contend with. In May and June the Premier League reaches its crescendo, the FA Cup winners are decided and the Heineken Cup comes to a close. The ante is upped this year by virtue of the fact that the Rugby World Cup has come around again with this event running from 18 September to 31 October. Employers need to be aware that these major international sporting events tend to have a major impact on the Irish economy in light of our multi-cultural society. Impact on the Workplace Many employers will have employees from varying countries who are involved in the Rugby World Cup and as such we all need to be aware that major sporting events and revelry go hand-in-hand. Unfortunately, revelry often goes hand-in-hand with high levels of absenteeism. This is particularly relevant around major world cups as fans who may not otherwise be interested in the game get drawn into the hype. All successful business depends on a spirit of cooperation and team work and when someone is absent, strain is placed on the rest of the team which can have a knock-on effect on profitability and productivity with absenteeism costing the Irish economy millions of lost days per annum costing hundreds of millions to the economy. So what steps can we take? Term & Conditions – Absenteeism Policy In Ireland, employers are required to issue their employees with a statement of the main terms of their employment under the Terms of Employment (Information) Act, 1994. When issuing the terms of employment, employers should include a clear policy on absenteeism. Such a policy can assist an employer in reducing the levels of unauthorised absence or uncertified sick leave and can allow the introduction of a clear procedure for employees to follow when notifying that they will be absent from work. It is also recommended that the policy clearly outlines the consequences of unauthorised absenteeism. For example, the policy could provide that “an unsatisfactory level of absenteeism, for whatever reason, will result in the Disciplinary Procedure being invoked.” Monitoring Absenteeism An employer should introduce a system whereby an employee’s level of absenteeism can be monitored. The effective monitoring of absenteeism can allow the employer to introduce a sustainable method of managing this headache and allow for the invocation of the disciplinary procedure where appropriate. Added to this, the “return to work” meeting is an effective tool as it tends to reduce absenteeism as employees will be conscious of the fact that they will be expected to justify their absence on a face-to-face basis with their line manager upon their return. Disciplinary Procedure If an employer seeks to invoke the disciplinary procedure following a period of unauthorised absence then employers will need to be aware of the necessity to discipline absenteeism in a fair and equal manner. Furthermore, if the absenteeism policy makes reference to recourse to the disciplinary procedure then this should be followed in practice such that the policy does become null and void due to non-usage. Managing Absenteeism – A Pre-emptive Strike? An effective method of avoiding high levels of absenteeism is to engage with your employees. The easiest method may be to just address the employees, or issue a memo, prior to a major sporting event to remind that any abuse of the absenteeism policy will result in disciplinary action. Accordingly, if an employee still proceeds to abuse the absenteeism policy they will also have failed to follow a reasonable management instruction. Accommodating Measures Not every employer is going to want to take a strict approach. As such, employers may take a slightly more flexible and accommodating approach where to do so would not unduly impact on the business. Examples might include:

• Allow employees to take annual leave during this period
• Allow employees to take a period of unpaid leave (if doing so employers should set the terms out unequivocally to the employee)
• Allow for flexible working arrangements such as late starting or an early finish
• Additionally, an employer may install television or radio facilities to allow their employees to keep an eye on proceedings as they carry out their duties.

Obviously, should an employer install television facilities, this should be managed effectively such that employees are actually carrying out their duties and employers should also be cognisant of any health and safety implications arising from an employee watching a television or listening to a radio while carrying out a particular task. Employers should also be aware of television license requirements and also that they may be required to obtain a license or pay a fee to the Irish Music Rights Organisation (IMRO) if installing a radio or television. Additional Considerations Employers may find that where an employee has attended for work and there are no televisions or radio facilities there may be an increase in personal internet usage from employees in order to keep abreast of events. Accordingly, employers should also be aware of the necessity of having an email and internet usage policy in employee terms and conditions. Again, reference should be made to possible recourse to disciplinary procedures and any such disciplining should be conducted in a fair and equal manner. Employers should seek advice from Peninsula Business Services when faced with absenteeism issues. Please phone the 24 Hour Advice Service on 01 8555050 and one of our experienced advisors will be happy to assist.