News & Events
Employee hangovers set to rise during World Cup
Updated 21st June 2010
With the World Cup just around the corner, employers will no doubt be concerned about the potential wave of employees turning up for work with a hangover.
A recent survey* claims that more than 520,000 people a day arrive for work suffering from hangovers after drinking too much the night before. Over the coming months, this figure could be set to increase due to World Cup fixtures.
Hangovers not only reduce productivity but can result in the employee going home sick, or not turning up for work at all. Daniel Wilde, Head of Employment Law at Harding Evans Solicitors, gives advice for employers on this issue.
There is the possibility of an increased number of employees calling in sick or attempting to take late holidays during the World Cup period. Employers need to ensure that a policy is in place for the duration, which sets out the correct parameters for taking leave and addresses how any unauthorised absences will be dealt with under the Disciplinary Procedure. This policy needs to be communicated to all staff regardless of age, sex or responsibilities – for example, if you make different rules for male members of staff there is the risk you will face sex discrimination claims. Employers should inform staff that attendance will be monitored and sickness absences investigated if they coincided with matches.
This does not mean that employers cannot be flexible – late requests for holiday could be considered, subject to the needs of the business, on a first-come, first-served basis. Employers should think about some practical steps to keep staff motivated and encourage attendance. Example include, considering arranging for televisions to be made available in staff canteens to try to accommodate matches, or introducing a temporary policy on flexible hours. If there has been an evening match, the policy could allow employees to start work an hour later. This may encourage attendance for those who have been out celebrating the night before and may also avoid the health and safety pitfalls surrounding a hung-over employee.
"A recent survey* claims that more than 520,000 people a day arrive for work suffering from hangovers after drinking too much the night before. "
Employers have a general duty under the Health and Safety at Work etc Act 1974 to ensure, as far as is reasonably practicable, the health, safety and welfare of their employees. If an employer knowingly allows an employee under the influence of excess alcohol to continue working and this places the employee or others at risk, the employer could be prosecuted. Similarly, employees are also required to take reasonable care of themselves and others who could be affected by what they do. They too could be liable to a charge if their alcohol consumption puts general health and safety at risk.
Employers need to ‘tread carefully’ in tackling these problems, to avoid falling foul of employment legislation. Employers have limited scope to require hung-over employees to undertake alcohol testing. Some employers reserve the right in their contracts of employment to require members of staff to undergo such testing, so that in the event an employee refuses to undertake any such test, they are technically in breach of contract and as such open themselves up to potential disciplinary proceedings.. If an employer tried to force a test on an unwilling employee, the employee could resign and claim ‘constructive dismissal’. Employers need to be able to fully justify the use of testing whenever this is required (for example, testing maybe justified in the case of transport workers and those operating machinery).
*Sourced from Sky News