Businesses warned of Olympics disciplinary headache

Posted on May 22^nd 2012

Some employers' liability insurance may be put to the test if businesses don't prepare their employees for the Olympic Games.

Personnel Today, the HR and personnel website reported that absences and extreme lateness are likely to be commonplace, particularly for companies based in London. Company owners who bury their heads in the sand before the opening ceremony on 27th July, will open themselves up to all sorts of liability issues.

Personnel Today asked Kate Bland, associate solicitor at Freshfields Bruckhaus Deringer, to look at the legalities behind Olympics disruption in the workplace and what the fallout could mean for unprepared employers. Usually consistent lateness would be reason for disciplinary action, but during the exceptional circumstances of the Games, not warning employees about what to expect could lead to legal action against you.

Most liability insurance customers believe in being well-prepared, but it's easy to overlook things. Kate Bland recommends focusing on communication. Employees need to be made aware of the consequences of misconduct, what misconduct means and exactly where they stand.

Business leaders can also produce short-term policies just for the period of the games, including flexible working options, to make sure that the legacy of the Olympics isn't slack staff. Bland also recommends closely monitoring absence through sickness, making sure that the results of pulling 'sickies' is reiterated in advance.

However, it is important to be understanding and show a fair amount of leniency during the Games. Understand that some employees are likely to experience travel delays beyond their control.

Although you can insist on following company procedures for unauthorised absence and extreme or consistent lateness, it may be better to use informal warnings. As long as employees fully understand the policies, they won't be able to test the limits of your liability insurance by claiming for unfair dismissal.

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Article on Personnel Today about the impact of the Olympics on employers

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