Employment Law Update (June 2010)

World Cup lessons for employers

Following England's less-than-sparkling performance in the World Cup – a consolation for fans being an even worse performance by France, which even saw a players' strike – are there any lessons that employers could learn from the teams' experience? Did the way the teams were managed have any impact on their performance? Our Employment Law experts consider what lessons can be drawn…

Can you have too much team discipline?

Everyone knows team discipline is important and this applies to the workplace too.  That way, everyone knows what's expected of them, where the boundaries of acceptable behaviour lie, and what the consequences of stepping out of line will be.

But was Fabio Capello's decision to exclude the WAGs from the World Cup really a wise one?  Overly tight management, and seeking to impose discipline on what is really personal behaviour outside the workplace might be counter-productive and have a detrimental impact on your team's morale.  The lesson for employers here is to weigh up the enforcement of discipline against the effect on workplace morale of imposing seemingly needless rules.

Look after your star players!

Losing the team captain to injury just a matter of days before the big event might have been outside Fabio's control – England footballers after all have obligations to their other employers, the club teams.

But there's a lesson for your workplace that some members of your team – and some events - will be really important and whatever else you do, you must make sure your top players are available when you need them – and have a back-up plan with equally well-trained individuals in place to pick things up if needed.

Use disciplinary procedures fairly!

Not every employer will have to deal with their staff's infidelities being exposed in the national papers, but nor will ordinary employers have the option of demoting an individual because of what the employer perceives as poor behaviour outside work.

Taking such action is likely to lead to an unfair dismissal claim in most workplaces, but even if it does not, the sense of injustice caused by not following a fair disciplinary procedure – allowing the employee to explain his or her side of the story, allowing the right of appeal and keeping punishment proportionate - is likely to result in staff knowing they have been treated fairly, and stop problems in the future.

Don't let staff nurse grievances!

A lesson from both the France and the England team is that simply "putting down" confrontation doesn't stop the root cause of the problem.

All employers should have a proper grievance procedure in place, which staff who feel aggrieved can use to sort problems out.  The procedure also ensures employers get to know about any matters that might cause legal claims, such as discrimination, bullying and harassment.

You can't build a good team by making late changes!

Fabio Capello's policy of not announcing the final shape of the match team until a few hours before each game may explain why the England team often seemed not to "gel" on the pitch.

In the workplace, employers won't usually have a choice of who they pick for each day's work, but it is nonetheless important for everyone in the workplace to understand their part in the team and to maintain good relationships with those they work with.

And finally…

Whatever the result of the World Cup, our Employment Law Team at Mentor is here to help, with guidance, advice, training and support.