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Nov 2022

Last Updated: 23/11/2022

Business

'Can I watch the World Cup at work?' — Harrogate lawyer issues advice

by John Plummer

| 23 Nov, 2022

Football fever is building — but should staff be allowed time off to watch and what happens if they phone in sick before key matches?

James Austin, employment lawyer at LCF Law.

A Harrogate lawyer has issued legal advice to companies wrestling with the thorny issue of whether to give staff time off to watch the World Cup.

Football fever is building after England's 6-2 opening match defeat of Iran on Monday.

Many games are taking place during UK office hours, prompting firms to consider the best way to handle the situation.

James Austin, a partner and employment law specialist at LCF Law in Harrogate, said many firms wanted to be flexible to foster goodwill but "some staff may feign illness or try to book holidays".

He said it was sensible for companies to inform staff what is allowed and what is expected, adding:

"It’s important to remember that normal holiday rules apply, but businesses may want to relax the rules if they think they will be quieter during certain matches. It could also be a nice way to reward employees who will be grateful and give even more back to the business in return.”

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Mr Austin said no business had to let staff watch matches but if they allowed them to do so at work they "must check that the required license is in place and carry out a risk assessment", adding:

"Employees of different nationalities must be treated equally as allowing England fans to watch England games but not allowing Welsh fans to watch Welsh games, for example, could lead to claims of discrimination.

“Employees should be reminded that they are still at work, so are expected to behave professionally and that derogatory comments about different nationalities, or sexist or racist remarks will not be tolerated and may result in disciplinary action.

"Employers should also carefully consider whether to allow alcohol to be drunk during matches viewed in the workplace and bear in mind the problems this may cause.”

Sick leave and working from home

Mr Austin warned companies to be wary of taking action against staff who phone in sick. He said:

“Whilst managers may have their suspicions about an employee being sick on certain match days, whether any action can be taken will depend on any evidence that they were not truly sick.

He added holding back to work interviews, for all sickness absence, can help deter people from feigning sickness.

He also cautioned firms against being heavy-handed against staff working from home who they suspect are tuned into matches.

“If a business chooses to monitor work output via technology and monitoring system logins, they will need to comply with data protection rules including GDPR. This will involve informing staff in advance of what they intend to do and why, as well as how long they will retain any information.

“An alternative approach could be for managers to send a reminder that watching football during working hours is not acceptable and may result in disciplinary action."

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'Can I watch the World Cup at work?' — Harrogate lawyer issues advice

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Sick leave and working from home