Managing EURO 2024 Festivities as Employers: Lawyer Explains What You Need to Know

It’s reported that over 46% of British consumers plan to watch the EURO 2024 tournament. Employers are likely to see a significant amount of buzz among their workforce for EURO 2024, and it's important that they have policies in place to ensure that while the excitement runs high, any workplace issues are managed correctly.

With this in mind, employment lawyers at Weightmans have detailed their recommendations for EURO 2024 and encourage businesses and employers to consider employment law strategies to have in place so their team can enjoy the festivities while maintaining a productive and fair work environment.

1. Drinking During Work Hours

In the UK, drinking during work hours is generally prohibited by employers and can result in disciplinary action if disciplinary rules are breached. While there are no specific employment laws against drinking at work, employers enforce these rules to ensure a safe and productive environment and to mitigate discrimination risk. In serious cases, consuming alcohol during work hours in breach of policies can lead to warnings, suspensions, or even termination.

This becomes particularly relevant during EURO 2024 when some games are scheduled during work hours, with several matches kicking off at 2 pm and 5 pm during the week. To ensure neither employer nor employee gets into trouble, employers should detail their expectations around the EUROs to ensure clarity and maintain productivity. Employers should communicate any flexibility in work hours, potential viewing arrangements, or any other relevant policies to their employees ahead of time. This helps manage expectations and allows employees to enjoy the event without compromising work responsibilities.

2. Drinking Before Working the Next Day

With several EURO fixtures occurring on weekdays and Sunday nights, it’s important to be aware of the consequences of a heavy night of drinking the morning after.

Travelling to or arriving at work under the influence or contrary to an employer’s rules can have severe consequences. This is particularly true for jobs involving the operation of machinery, driving, or ensuring safety.

Employers should have clear guidelines. A Drugs & Alcohol policy is crucial, particularly in light of the Health and Safety at Work etc. Act 1974, which requires employers to ensure, as far as reasonably practicable, the health, safety, and welfare of all employees. This responsibility includes addressing the risks posed by employees under the influence of alcohol at work, which typically warrants disciplinary action.

3. Calling in Sick

According to recent survey data, 32% of employees who watch sports would happily call in sick to watch a sporting event. With a considerable number of matches being played in the evenings and late afternoons, this may see an increase in employees looking to finish early or call in sick due to overdoing it the night before.

Managing absenteeism is incredibly important. Whether an employee is off for a day or a week, this absence is likely to put pressure not only on the employee's workload but also on the team and wider management. Employers should communicate that unauthorised absences are unacceptable and may result in disciplinary action. Conducting back-to-work interviews is essential and will help to differentiate between legitimate and dishonest absences, such as those following post-match celebrations.

4. Inappropriate Conduct Outside the Office

Drunk in Public

According to the British Beer and Pub Association, over 300 million pints are expected to be poured during this year’s Euros. Being caught drunk or acting inappropriately in the street by the police can result in a fixed penalty notice and even lead to your being arrested.

Fine: Up to £80 for a fixed penalty notice for being drunk and disorderly. More serious cases can be prosecuted in court, with fines up to £1,000.

Urinating in Public

While it’s a quick way to skip the toilet queues on a busy night or being caught short on your way home, next time you think about public urination - maybe take time to reconsider. Urinating in public is considered an act of public nuisance and is illegal. Offenders can be fined under local bylaws or receive penalties under the Public Health Act 1936.

Fine: Up to £100 for a fixed penalty notice.

Drinking in the Street

During major events like the UEFA Euro 2024, the temptation to pre-drink while on the way to meet friends or to finish off a beer on the way home is high. Public drinking in the UK is regulated through Public Space Protection Orders, which allow local councils to prohibit alcohol consumption in designated areas. Violating a PSPO can result in on-the-spot fines.

Fine: Up to £100 for breaching a PSPO.

Whether as part of after-work drinks or an outing with friends at the weekend — employees should be conscious of their behaviour outside the workplace. If an employee is seen to be doing something inappropriate or irresponsible, it can have a detrimental impact not only on the individual but also on the employer.

To minimise the risk of reputational damage, employers should remind employees to conduct themselves responsibly outside of work. Misconduct outside of work can sometimes result in disciplinary action being taken by an employer, depending on the circumstances.

Public disorder offences increase exponentially during major tournaments. The Acas Code of Practice on disciplinary and grievance procedures says: “An employee should not be dismissed or otherwise disciplined solely because he or she has been charged with or convicted of a criminal offence.” The employer must consider how said conduct or conviction impacts how the employee can do their job. Each must be considered on a case-by-case basis, and the reasonable course of action must be dependent on the facts of the case and the individual. The employee must be fairly treated, and it is recommended that the employer seek legal advice.

5. Sporting Banter

Football is known for its rivalry, but this can become even more heightened during events such as the EUROs. Heightened emotions can lead to cases of bullying and discrimination. Employers must be mindful of potential discrimination issues. Additionally, racist behaviour increased exponentially following England’s Euro 2020 defeat. Unfortunately, racism is endemic in football, spiralling within fan bases. An increased number of FBOs, or Football Banning Orders, have been implemented as a result of racist abuse of players online. FBOs are a preventative measure implemented to prevent violence or disorder at or in connection with football matches.

According to the current guidelines, FBOs can be issued for a minimum duration of 3 years and a maximum of 10 years. Violations of the order are considered a criminal offence and can result in an unlimited fine, a 6-month prison sentence, or both.

Employees should be reminded of their conduct towards others, both online and in person. It’s vital that businesses have a policy on how to handle inappropriate behaviour online, and staff must be informed that harassment related to the event, including hostile or racist remarks about any country or individual, will not be tolerated and will likely lead to disciplinary action.

Nick Newman, Partner at Weightmans, comments

"Ensuring that your team is aware of the potential legal and disciplinary consequences can help maintain a safe and compliant work environment during the tournament. Adherence to an employer’s rules and policies, compliance with local laws, and where drinking alcohol takes place, doing so responsibly, ensures employees enjoy the games without jeopardising their professional standing. Promoting these issues can help employers set appropriate boundaries and deal with adverse consequences if they do arise.

It’s important that employers have clear guidelines in place and detail the expectations of the business for their employees. It’s recommended that employers implement clear policies on how and when matches can be viewed, ensuring they align with existing rules on breaks, health and safety, and workplace conduct. It is also crucial to apply these policies in such a way as to prevent discrimination."