Millions of fans could face a tricky day on Monday if they sleep in – or pull a sickie – after the 1am kick-off of the England v Mexico World Cup match. The match could go on until almost 4am if it goes to penalties, leaving little time for sleep before work.
Can I take the day off?
The most dedicated football fans booked their holidays as soon as the tournament dates were confirmed. Others have had only since Wednesday night to make firm plans. Nicole Humphreys, a partner at solicitors Mayo Wynne Baxter, says you have no automatic right to take time off at short notice. “Many employers will have policies setting out how holiday should be booked. Where there is no policy, employees should usually give notice of at least twice the length of the time off they are requesting,” she says. If you asked early and your workplace policy allows it, you might be OK; otherwise, the answer could be no. Taking the day off without permission is likely to result in disciplinary action.
How about a sickie?
You may feel sick if England lose, but that doesn’t count as a valid medical reason. You do not need a sicknote for a one-day absence, but you may need to self-certify that you were ill. Joanne Moseley, legal director at Irwin Mitchell, says: “Employers should already have processes in place to deal with staff who phone in sick for the odd day. These usually start with a return-to-work interview where they should be asked to explain any inconsistencies between the reason given for their absence and any observed behaviour – such as pictures of them on social media watching football in the pub.” If an employee cannot give a satisfactory answer, disciplinary action is likely.
What if I’m late for work?
Unless previously agreed, lateness can count as unauthorised absence. Typically, employers only take action if it happens repeatedly. The TUC has called on employers to let people work flexibly on Monday, including later starts or working from home. Paul Nowak, TUC general secretary and an England fan, appealed to employers to “show some common sense and understanding”.
I don’t care about England – why do I have to do all the work?
If you’re not suffering from football fever, you should not be left picking up the slack. Vivek Dodd, CEO of Skillcast, says employers should “be mindful of their diverse workforces. Requests may come from employees supporting a range of national teams, so annual leave, flexible working and attendance policies should be applied fairly and consistently.”
I’ve been asked to work because the game is on. Can I say no?
Pubs may open until 5am, requiring hospitality staff to work. There is no automatic legal right to additional pay or time off in lieu for overtime, but employers cannot require you to work. Danielle Parsons, partner at Irwin Mitchell, says the precarious nature of hospitality work could make it difficult to decline extra shifts. “Any extra shifts associated with the extended licensing hours should be offered fairly and on a voluntary basis,” she says. Your contract should spell out the deal; employers must comply with national minimum wage and legal entitlements to breaks and rest periods. The TUC’s Nowak says: “Good employers will want to reward bar, kitchen, and cleaning staff with decent overtime pay rates and time off to recover.”
