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Winning the bid to host the London Olympic and Paralympic Games has been celebrated not only by sports enthusiasts but also by many businesses as the Games are said to have the potential to offer opportunities for economic benefits and growth. However, it is likely that the Games will also bring challenges for businesses and, with less than seven months to go to the opening ceremony, there is no time like present to start planning in order to ensure business continuity. 

What challenges may lie ahead?

With an extra 5.3 million visitors expected to visit London during the Games, London’s transport will be under considerable strain and the main consideration for businesses and employers, which will result from expected travel disruptions, can be categorised into three main groups, namely: issues surrounding staffing levels during the Games, delivery of goods and business travel.

Is your business in an affected area?

Early planning will be the key to the efficient running and operation of businesses during the Games. Employers may therefore wish to identify areas which will be most affected, such as around the competition venues, their proximity to those areas and any potential impact this proximity may have on the day to day running of the business.  This can be done by referring to websites such as www.tfl.gov.uk which already contain information in relation to transport ‘hot spot’ areas. 

Staffing levels

It is highly likely that staff journeys may take longer next summer or in some circumstances it may not even be possible for staff to get into work. Employers may therefore wish to ask their employees to assess whether their journeys to work will be adversely affected during the Games which can primarily be done by referring to www.tfl.gov.uk. It follows that in certain circumstances it may be appropriate for employers to consider and encourage or require staff to adopt flexible working approach during the Games.  This could include varying hours of work for the period during the Games or implementing other variations in appropriate circumstances such as home working.  To minimise the effect of travel disruptions, employers could also encourage or require employees to take alternative routes or consider walking or cycling to work. 

For example, in 1999 the Government introduced an annual tax exemption which allows employers to loan cycles and cyclists’ safety equipment to employees as a tax-free benefit.  The Government in fact introduced a series of measures under the Government’s Green Transport Plan and, if you have not done so, you can take advantage of this scheme now.  Further information is available on the Department for Transport website or alternatively by visiting one of the cycling schemes websites such as www.cyclescheme.co.uk.  The schemes are cost neutral to employers and offer long term benefits. 

Additionally, employers may also wish to take into account other factors which may affect their staffing levels during the summer Games.  For example, staff may wish to take time off during the Games because they are either volunteering at the Games or taking  annual leave to watch the Games.  After taking into account the resources needed during the Games and general business needs, it may not always be possible for employers to approve all annual leave requests.  Workers’ annual leave rights are set out in the Working Time Regulations 1998.  In particular, the Regulations set out the rules relating to the giving of by employees notice to take annual leave and the employer’s right of refusal of annual leave by serving counter- notice as well as the giving of notice by the employer that annual leave must be taken at certain time. Individual employment contract terms should also be considered in this regard.

Annual leave requests and subsequent refusals may in certain circumstances lead to higher levels of sickness absence.  Employers may therefore wish to determine a strategy in dealing with all types of absences during the Games by implementing temporary changes to the existing policies.  These should be drafted carefully and implementation of the policy in respect of each individual employee is likely to require their prior agreement. 

As internet is these days accessible by most of employees at work, it is likely that staff will want to watch certain Games at their desks.  Therefore an appropriate internet misuse policy should be considered and put in place in order to avoid performance issues and lesser productivity.  For example, employers may wish to consider allowing staff, having taken into account business needs and staffing levels required, to watch certain popular Games in a designated location in the office but disallowing watching the events on their computers at their desks. 

Deliveries and business travel

From a logistical point of view, in order to keep businesses running, employers may wish to reduce the need for business travel or arrange essential journeys at quieter times or by using different modes or routes.   Businesses are therefore encouraged to refer to the “Keep on running” campaign which has been launched to help minimise travel disruptions, details of which can be found on www.london2012.com.  The website also covers any anticipated road disruptions which will no doubt be useful when devising strategies in relation to freight and deliveries.

Action points for businesses in affected areas:

• Identify ‘hot spots’ and consider the impact they may have on your business; 
• Consider encouraging staff to walk or cycle to work or their use of alternative routes.
• Review you staffing needs for the summer 2012. 
• Take into account: annual leave, higher levels of sickness absence, flexible working, time off for staff who are volunteers at the Games and consider implementing temporary changes to working arrangements by for example modifying existing HR policies.
• Plan any business travel in advance and avoid peak hours.  Consider forms of communication other than face to face meetings.

Helen Wyatt
Partner

Aggie Roger
Paralegal

This guide is for general information and interest only and should not be relied upon as providing specific legal advice.