Shropshire solicitor advises on managing employee attendance during the Olympics

Generally speaking, employees will fall into one of the following categories. Those who plan to:

• take time off during the Olympic Games to act as a volunteer – confirmation to successful applicants has yet to be announced
• take time off because they have bought tickets for certain events
• take time off for a reason unconnected with the Olympic Games but who feel that people who have a connection with the Olympics are being treated more favourably

The main issue you face as an employer is likely to be managing attendance. If you know this is likely to be an issue in the summer, you should start discussing it with your staff now.

Holiday Policy
If you already have a holiday policy in place, you may wish to keep things simple and follow that policy. This is likely to include a rule that time off will be granted on a “first come first served” basis. Whilst this approach is totally acceptable, you may need to deal with employees who have bought tickets for events before booking holiday. Depending on what your holiday policy says, this may be a case of “unauthorised absence” if the employee takes the time off without authority and so you may wish to establish early on, if you have any employees who fall into this category.

Flexible Working
A less formal approach may be to apply a flexible working policy for the duration of the Olympics. This is more likely to be applicable to those employees who do not want to take a lot of time off but who may wish to watch a particular event on certain days during normal working hours. Whether or not this will work will obviously depend on the structure and needs of your business but it is a useful way to maintaining good morale within the workforce.

Performance Issues
You may experience problems with staff watching lengthy coverage of the Olympic Games on their computers during normal working hours or failing to turn up for their shift following attendance at the Olympic Games or watching it on TV at home. You may wish to consider planning for popular sporting events in advance – perhaps give staff access to a TV during agreed times, provided they make up that time later on in the day/week etc. However, ultimately, there is no legal right to take time off to watch or volunteer at the Olympics and so performance issues should be dealt with under your normal disciplinary procedure. It is advisable to warn staff of this in advance of the start of the Olympics.

If you have an employment issue or query contact Joanne White, an Employment Specialist with Linder Myers at joanne.white@lindermyers.co.uk

Questions and Answers on Volunteering at the Olympic Games

Where issues involve volunteers for the Olympic Games, as an employer it is important for you to understand the legal rights of volunteers and the responsibilities you have towards them and how volunteering could help your business. For example, volunteering could help develop your employees' skills. However, you still need to protect your business interests.

You may be asked many questions by your staff in the lead-up to the Olympics, particularly if they have applied to be a volunteer. However, the following may assist as a starting point in answering some of those questions:-

Two of my staff have got volunteer positions at the Olympics. I can only let one go. What's the best way of handling this?
The key to avoiding potential misunderstanding or conflict is to have a clear policy in advance and communicate this to all staff. That way, everyone knows where they stand and you look after your business needs. Your policy need not be very complicated - a simple process of 'first come, first served' may be enough.

I have a member of staff who has got a volunteer place at the Olympics. Do they need to use their own holiday?
Employees have no legal right to take time off for volunteering. You can decide to give paid or unpaid time off or, if not, the employee may wish to take annual leave. Many employers encourage their employees to volunteer to help develop their skills and give employees an agreed quota of paid days leave per year to volunteer - typically, about two days a year.

I have a member of staff who has got a volunteer place at the Olympics. Am I expected to pay for them while they volunteer?
There is no legal right to be paid for volunteering. Volunteering is something employees often do because of their own interest, but increasingly employers are recognising the business benefits of volunteering - in terms of developing skills and supporting the local community. If your employee is taking special leave then it would be up to you to decide whether that will be paid or unpaid.

If you have been affected by the issues raised in this article, contact Joanne White, an Employment Specialist with Linder Myers at joanne.white@lindermyers.co.uk