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ETO April 2012

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We are just months away from the biggest sporting tournament that the UK has ever hosted and there’s a good chance the Olympics will impact on your business in some way. Clive Day, an associate in the employment team of national law firm Gateley, suggests you start preparing now... TRAVEL ISSUES - LONDON AND THE KEY VENUES 38

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The last Olympic Games to be held in the UK tookplace some 64 years ago, in a post-war environmentthat was a world away from the spectacular events ofrecent times. Every person in the UK will be affectedby the Games whether they are sport enthusiasts ornot, and whether they are in London or elsewhere.There will be constant coverage on the television,radio and Internet and the Games will be the topic ofconversation just about everywhere you go. How theGames will impact on business, however, needscareful consideration. The most obviously affectedbusinesses will be those in London and key venues(such as Windsor and Weymouth). Prior to the crucialtwo weeks from July 27th to August 12th, allemployers will need to take steps to ensure that‘Games frenzy’ doesn’t bring their business to astandstill.

Preparation is the key. Getting ready in advancewill mean that potential employment problems can beavoided. The first thing on the list should be toformulate a work policy for the Olympics. The wholeworkforce should know what is expected of them inorder to avoid any confusion and potential disputes.Three key areas in any policy will be dealing withtravel issues, taking time off during the Games andthe practical impact on business operations.

TRAVEL ISSUES - LONDON AND THE KEY VENUES

A big concern for business is that due to the numberof people the Games will attract, there will besignificant travel disruption during normal commutinghours. This in turn may cause employees to be late orabsent in the London area. Being preparedmeans understanding how your staff getto work and using the information toplan ahead and minimise disruptionto your workplace. This couldenable you to ease theproblems your staff may faceby suggesting the use of lessbusy routes or differenttypes of transport, or byallowing them to travel atless busy times.

There is a great deal ofinformation about travel optionsavailable online from theDepartment for Transport, theGreater London Authority Gameswebpages and the London Councilswebpages. There are also area-specificworkshop presentations and drop-in sessions.

These are being held to provide employers withthe opportunity to discuss with experts the detailof the transport impact on their local area.

Looking at shared or different modes oftransport and offering support may create benefitsto all which outlive the Games themselves. Forexample, car sharing is one option that you may wishto promote during the Games. This will help reducecongestion generally and it can encourage employeesto make extra efforts to attend work. Co-ordinatingarrangements between workers who live in the samearea and who will be using the same routes can paydividends and one practical means to encourage this isto provide preferential parking to those taking part.

If car journeys can be avoided, all the better. Manypeople live within cycling or walking distance oftheir workplace, but do not usually cycle or walk.Encouraging staff to cycle during the Games, evenif only on certain days, is likely to make theirjourney easier and quicker. Staff who alreadycycle can provide support and act asambassadors, for example, as a ‘cycle buddy’(accompanying people the first time they ride).One practical step you could take to helpencourage cycle use would be to provide cycleparking, especially as free cycle standsare available from Transport forLondon.

Of course, the mostsevere transportproblems willbe encountered

at peaks times, so youmay want to consider

introducing flexible workingpatterns during the Games. There are

several formats that could be adoptedand affected businesses will have to assess

which works best. Options might includeallowing staff to work compressed weeks, forexample, working five ‘normal’ dayscompressed into four longer days, orbusinesses could introduce staggered startand finish times.

Where it is possible you might allowemployees to work from home. Any policywould have to indicate who might applyand how the work will be carried out.This might require reviewingcommunication facilities, such astelephone, internet access, and putting

arrangements for support in place.Whichever options suit your businessEr

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We are just months away from the biggestsporting tournament that the UK has everhosted and there’s a good chance the Olympicswill impact on your business in some way.Clive Day, an associate in the employment teamof national law firm Gateley, suggests you startpreparing now...

Olympic ImpactOn the game

On the game 26/3/12 14:35 Page 1

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best theywill need advanceplanning to put intooperation.

MANAGING ABSENCES

A key point in any policy will be whether there are anyspecial arrangements for taking holidays during theGames. Generally it should be made clear that if amember of staff wishes to take time off to watchspecific events, they will be required to follow thesame procedure as if they wished to take a day’sholiday for any other reason.

Special rules may, however, be required where itis expected that many employees will want the

same period of time off. Clearly there will be a limiton the number of employees who can be allowed totake time off at the same time. Your policy mightspecify the maximum number of employees entitled totake leave, whether it will be granted on the basis of‘first-come-first- served’, whether priority will be givento certain employees or whether there will be, liketicket allocation, some specific type of application anddrawing of lots.

There are potential legal issues to guard against inallocating leave. In allowing some requests for holidaybut refusing others you will have to be wary of claimsof unlawful discrimination. It should be clear that nopreference is given to some employees over others forany reason connected to a protected characteristic. Itwould, for example, be unlawful discrimination togive preference to men over women in relation torequests for time off to see certain sporting events likefootball.

Where it is likely that there will be excessivedemand for holiday, limits could be placed on thetotal number of days each employee could take. In asituation where five employees all want to take twoweeks holiday, for example, a possible solution will beto allow all five a maximum of two days leave whilstthe Games are taking place. Alternatively, employersmay decide to take a hard line and refuse to allowemployees to take holidays during the event. Whilst

refusingleave during the

whole period may notbreach any legal enactment it

may nevertheless have a significantimpact upon the morale and productivity

of staff. It should be taken into account thatsome employees may have already committed topaying substantial sums of money in relation to muchsought-after tickets.

In order to reduce the number of employeerequests for time off (and to potentially raise moralein the workplace) one option to consider is to maketelevised coverage of the Games available at work.There are obvious feel good benefits to everyone. Inaddition to potentially reducing the number ofholiday requests, this inclusive approach to the Gamesmay also help to overcome employee reservationsabout the other restrictions or demands thatemployers impose relating to the Games. Obviously itmay not be practicable for all employees to be giventhis option, and where it is allowed, this wouldnormally be on the understanding that employeeswould be expected to complete their full duties bymaking up any lost time.

Absenteeism where the employee has not bookedholiday may lead to disciplinary action. There may alsobe suspicious claims of sudden illness to deal with.Surveys have suggested that during past majorsporting events there has been a greater tendency foremployees to phone in sick. You may wish to adviseemployees that during the Games all sickness absenceswill be subject to monitoring and they may berequired to produce documented evidence tosubstantiate the reason for their absence. It isimportant to remember in this context that employeesneed to be informed how sickness absence will betreated beforehand.

Where there is a suspicion during the Games thatan employee is not genuinely ill, it may be possible towithhold any enhanced (contractual) sick pay. Anemployer’s ability to do this will depend on thewording in the employment contract and whetherpayment is described as discretionary or contractual. Ifit is contractual, then a failure to pay could lead toclaims. Employers must, in any event, comply withtheir duties under the more limited statutory sick payscheme although there are normally waiting days (so

that no payment is due in the first three days ofabsence).

IMPACT ON THE BUSINESS

For those in London, and at key venues, it may beharder for customers and visitors to get to yourpremises at usual times. As part of the advanceplanning, you may wish to assess if there arealternative ways to ensure your customers and visitorscontinue to receive a good service.

For example, parking and road restrictions around,and on routes to, Games venues may affect deliveriesand collections at your premises. At certain timesdeliveries may not be possible at all. Service industriesare likely to use phone and video-conferencing moreheavily during the affected periods. Changing workinghours or a temporary relocation of staff may also beoptions.

In some limited sectors, however, businesses mayfind it difficult to function at all. For example, muchnon-essential transport maintenance will besuspended over the summer, affecting contractors onthese projects.

If it is the case that you believe your businesscannot operate effectively for a short period duringthe Games, you may wish to consider a ‘shutdown’period. Probably the simplest way to do this is to givenotice to staff that you require them to take theirannual leave during this period. You should follow anyannual leave policy and procedure. In the absence ofsuch a policy, there is a statutory right to give workersnotice to take leave. The notice has to be at leasttwice as long as the period of leave you require themto take.

A more general suspension of work and pay would,however, require careful consideration. If a suspensionof work cannot be achieved through annual holidayalone, then the situation becomes a lot more complex.If employees’ contractual terms allow for ‘lay off’ thiswould mean you are entitled to simply not provideany work for the employee, subject to certainminimum payments, for a specific period. On the otherhand if the contract does not allow for such lay offs,there is a risk that employees would still need to bepaid during the period of imposed absence.

USEFUL LINKS FOR EMPLOYERS

• http://www.london2012.com/get-involved/business-network/travel-advice-for-business/

• www.tfl.gov.uk/2012

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