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Ireland

Ireland’s best Men’s World Cup finish is the quarter-finals, achieved in 1990.

Ireland defeated Italy 1–0 at the 1994 Men’s World Cup.

The Saipan incident occurred during Ireland’s preparations for the 2002 Men’s World Cup, after a dispute between captain Roy Keane and manager Mick McCarthy at the team camp on Saipan, and resulted in Keane leaving the squad on 23 May 2002.

Ireland qualified for the Men’s World Cup finals in 1990, 1994 and 2002.

Contributing firm

Philip Lee LLP

Contacts

Catriona Walsh, Cian Moriarty

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

Employers should treat any unauthorised absences during the World Cup in line with the relevant contract of employment and company policies as for any unauthorised absence.

Depending on the specifics of the employment contract in question, an employer could , for example, deduct pay for the hours missed and/or disciplinary procedures being invoked.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

It is generally not advisable to question a medical certificate submitted by an employee unless there is strong evidence or suspicion that it is forged or was obtained fraudulently. An employer generally has the option to refer the employee to a company-appointed doctor who may provide a conflicting opinion if the employee is not ill. If it appears the medical certificate is not genuine (or transpires e.g. after the game) an employer may initiate a formal disciplinary process in line with the Company policy.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

Administering breathalysers in the workplace would be a relatively unusual practice and is generally only seen in high-risk /safety-oriented occupations or those in relation to which alcohol is prohibited (e.g., driving). Even in relation to such occupations, t here is no statutory basis upon which an employer can compel an employee to participate in a breathalyser test. An employer should only carry out such testing where it has a contractual right and/or a clear policy document. Even with an express contractual right and/or policy providing for same, employee consent must be given at the time that a breathalyser test is being administered . There are also data related GDPR implications to consider. An employer should never force an employee to take a breathalyser test as this could constitute assault.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

Most employees would have a contractually agreed pattern of working, specifying working hours. As such, employees would be entitled to notice regarding a change to their working hours, with any such change requiring agreement (an employer cannot unilaterally change an employee’s material terms and conditions of employment). Practically speaking, while a number of employees may be interested in amended working hours to accommodate watching particular games, this is unlikely to be the case for all employees. A change to working hours could present difficulties for some other employees (for example with regards commute or caring responsibilities). It may be preferable to allow flexibility in relation to working hours to facilitate those employees who would like to view particular matches, but it should be made clear that any such flexibility is on a once-off basis and not any form of future entitlement.

In making any temporary changes to the working hours of employees, e mployers should also exercise care so as not to breach minimum rest periods.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

Such conduct may constitute a breach of the company’s IT and data protection polic ies, which could result in the disciplinary process being invoked. Illegal streaming or gambling may be considered a more serious breach as it increases IT security ri sks and possible criminal exposure for the employer. Employers may monitor IT usage in accordance with their data protection obligations, and provided that employees have been notified of such monitoring via their contract of employment and/or applicable policies.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

Where misconduct occurs outside of working hours: – At a staff-organised World Cup event - such events are considered an extension of the workplace (and it is helpful to remind employees of this fact in advance of the event). As such, normal disciplinary procedures apply. At an unorganised event - there must be sufficient connection between the conduct in question and the business of the employer, in order for such conduct to warrant a disciplinary procedure.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

If an official public holiday is declared either on the day the country’s team plays or later for a celebration, employees who would ordinarily work on th at day are entitled to a public holiday benefit in the form of either a paid day off on that day, a paid day off within a month of that day, an additional day of annual leave or an additional day’s pay, as determined by the employer.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

There is extensive regulation with regards to gambling in Ireland and a licence may technically be required, depending on the characteristics of the pool. That said, small office pools are quite common and would not usually the subject of prosecution (once the organiser does not profit from the pool, participation is voluntary, and stakes are low). Employees should also, prior to setting up any such pool, check internal policies to ensure that doing so would not constitute a breach of company policy. Consideration should also be given to the manner in which the pool is run to ensure that there is no breach of IT or data protection policies, for example.

4 May employers prohibit public displays of rival country team colours in the workplace?

Yes, provided the prohibition is reasonable, non-discriminatory, consistently applied, and linked to a legitimate business aim. Any such restriction should be applied uniformly in respect of all employees, across all nationalities and teams, in order to avoid any potential claims of discrimination.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

Employment equality legislation in Ireland prohibits discrimination on nine protected grounds - gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community. Workplace discrimination arises when an employee is treated less favourably than another employee is, was, or would be treated in comparable circumstances on any of the nine protected grounds. For example, an employer may be the subject of a discrimination claim where they facilitate all of the male employees in watch ing a specific game, but not female employees .

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

Given that the games will be aired in the early morning in Ireland, employers may want to consider what time highlights /repeat showings of certain games will be aired, in terms of how employees may follow the competition and the impact that could have on the working day. If employers are concerned about any of the foregoing during the upcoming World Cup, they should communicate in advance , their expectations in respect of any such matters and either remind or introduce relevant policies as necessary. In Ireland, Philip Lee LLP is available to assist all employers in this regard as well as to provide assistance during the World Cup if such issues arise.