Watching sports at work: how employers can avoid an own goal

Many sporting competitions take place live in the morning or later in the afternoon, while others are adjusted to account for time difference. This prevents employees from following the sports competitions they love as a lot of the time they are broadcasted during working hours.  

This can pose somewhat of a dilemma for employers who may want to show some leniency towards staff, but not to the detriment of productivity and the underlying obligations in the employment relationship. Complications also arise in respect of IT security, where employees may seek to use their work computers and internet connection to stream their favourite sporting competitions.  

Against this backdrop, some employers may wish to take a no-tolerance approach, while others may be open to the idea of letting staff watch along, so long as clear caveats and control measures are in place. In either case, there are key considerations that employers need to make. We take a look at some of these in more detail below.  

Parties to an employment contract must carry out their duties and obligations in good faith, while the payment of a salary is treated as consideration for the work provided. Furthermore, actual working time is defined as the time during which the employee is at the disposal of their employer, complies with their instructions and cannot go about their personal business. 

With that in mind, it is clear that watching a sports competition during working hours is most likely going to amount to a breach of both the principle of contractual good faith and the applicable working time obligations. There is also the broader concern that employees may be less productive when watching an event of this nature. 

However, not all employees are equal when it comes to their working time and organising their daily work schedules. Indeed, senior executives have greater flexibility to plan their day and ‘catch up’ on their hours, whereas non-executives are subject to a stricter regime meaning it is more difficult to take time away from their workstation, except to take a break.  

The exception to this is that all employees are entitled to paid or unpaid rest and so, during these times, employees are free to go about their personal business, and therefore free to watch sports competitions. Since rest time is not deemed to be actual working time, employers do not have to remunerate their staff during these periods. 

So it is, in certain situations, possible for staff to watch sports at work. But what about the resulting use of the employee’s professional work-computer and wi-fi connection to watch competitions? 

The use of the internet and an office computer are generally for professional purposes only. Using one’s workstation for private purposes, for example to watch football matches live, may suggest a shift to personal pursuits by that employee during their actual working hours and evidence of a wider issue of disengagement and a lack of motivation. 

Nevertheless, nothing prevents the employer from authorising private connections in the workplace. In principle, it can set the conditions of connection and use within the framework of an internet charter or as part of an internal policy and procedure. The key is that the employer’s position is clearly communicated to its workforce.  

Another complication arises with teleworking. Employees working from home remain subject, in principle, to their specific contractual working hours. Teleworking does not mean total freedom to organise oneself. An employee cannot therefore decide on their own initiative to stop working for 90 minutes – the duration of a football match – and then resume work afterwards. The employer’s agreement would be required. 

Disciplinary sanctions are possible if an employee does not carry out his or her tasks, for example by not being reachable during working hours or by not attending meetings by audio or video.  

The employer may also monitor the activity of its employees who work from home, provided that this monitoring is proportionate to the objective pursued and that it does not infringe on their rights and freedoms. However, permanent monitoring is prohibited. 

The promotion and support of well-being at work is becoming increasingly important for employees, particularly, but not exclusively, for the new generation entering the workforce. 

Because of this, there is sometimes a tolerance on the part of employers towards allowing staff to watch certain sporting events, unless doing so risks the security of the organisation. For example, some employers who are sponsors of sporting events are installing television screens in their premises so that employees can follow the competitions live. 

It is also important to keep in mind the principle of proportionality. Single or sporadic viewing of a sports event by an employee does not necessarily constitute misconduct. Clearly watching 90-minutes of football versus five days of test-match cricket are two very different situations. In Luxembourg’s labour law framework exists the principle of ‘proportionality of the sanction’ which is assessed in relation to the seriousness of the fault committed. The only cases of dismissal deemed justified and known to date which could relate to this topic, concerned employees responsible for security or video surveillance. In other words, people who, by abandoning their post, had posed a major security problem for their company. 

Allowing the occasional viewing of sports at work can certainly enhance the morale and well-being of staff. However, if an employer wishes to be flexible in this way, it needs to be balanced against key business interests, such as the potential impact on productivity and IT security concerns. To achieve this balance, clear communication with the workforce through the introduction of policies and procedures on the use and monitoring of IT in the workplace will be key. Similarly, letting employees know in advance what the organisation expects when it comes to viewing sports is also important to address these challenges, as is bearing in mind the principle of proportionality.  

By fostering a supportive environment and maintaining clear guidelines, employers can manage this area effectively without compromising on the organisations own business interests and, by doing so, avoid an own goal.