Whether it’s all over or another step closer to home on Monday morning, the usual back-to-work rush hour could be more sluggish than usual. The timing of the Mexico v England game – a 1am kick-off, and the prospect that it could go on until almost 4am if it goes to penalties – means that for many workers choosing to watch the match there will be not much opportunity for a sleep before the alarm goes off.
Can I take the day off?
The most dedicated and organised football fans booked their holidays as soon as the dates for the tournament were confirmed, making sure they could watch every game and stay on top of filling in their World Cup wall chart.
Those who successfully mapped out England’s route through the tournament (maybe using the Guardian’s bracketology game) may have got their holiday request in early but the rest of us have had only since Wednesday night to make firm plans.
Nicole Humphreys, a partner at the solicitors Mayo Wynne Baxter, says you have no automatic right to take time off at short notice for a match. “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.
So if you asked as soon as you got in on Thursday morning – and your workplace’s holiday policy allows it – you might be OK. If you didn’t, the answer could be no.
Taking the day off without permission is likely to result in disciplinary action.
How about a sickie?
You may well be as sick as a parrot if Harry Kane and co crash out to Mexico, but that doesn’t count as a valid medical reason to be off. You do not need a sicknote for a one-day absence, but you may need to self-certify that you were ill and give details of what was wrong with you.
Lawyers say employers should be careful not to jump to conclusions if a worker does call in sick, but they can investigate if they have suspicions.
You might feel tempted to pull a sickie after watching England’s World Cup match. Photograph: Steven Paston/PA
Joanne Moseley, the legal director at the law firm Irwin Mitchel, 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.”
She says if an employee is unable to give a satisfactory answer, their employer is likely to take disciplinary action against them.
What if I’m late for work?
Unless previously agreed with your boss, this can count as an unauthorised absence. Typically, employers will only take action if this happens repeatedly. The good news is that if England are victorious, the rest of their games will be at a more sleep-compatible time.
Some workplaces can be more relaxed about start times than others and the TUC has called on employers to let people work flexibly where they can on Monday, including allowing a later start if possible or working from home.
Employers could also give staff the option to make the time back later in the week after the game, it suggests, saying that all of this could improve morale and motivation and increase productivity. Paul Nowak, the TUC general secretary – 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 – or you follow a different team – you should not be left picking up the slack on Monday morning, as bosses should be considering workloads before they grant requests for time off or flexible working.
Vivek Dodd, the chief executive of Skillcast – a company that trains businesses in compliance – 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,” he says.
I’ve been asked to work because the game is on. Can I say no?
With pubs being allowed to open until 5am to show the match, there will be employees who have been asked to work in hospitality and related jobs.
There is no automatic legal right to additional pay or time off in lieu if you are working overtime, even in the small hours, but employers also do not have a right to require you to work.
Danielle Parsons, a partner at Irwin Mitchell, says the precarious nature of much hospitality work could make it difficult for workers to decline extra shifts and ask for extra pay.
Employers do not have a right to require staff to work overtime during the World Cup. Photograph: Andy Rain/EPA
She says: “Any extra shifts associated with the extended licensing hours should be offered fairly and on a voluntary basis, as some workers may also struggle with sudden changes to their working hours, due to, for example, childcare or caring responsibilities.”
Your contract should spell out what the deal is at your workplace, or there may be an established practice of extra pay or time off in lieu, which means you could have a right to one of those by implication.
Parsons says: “Employers will need to take care that they act in compliance with the national minimum wage, and legal entitlements to breaks and rest periods, which can easily be forgotten about in this type of situation.”
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 before England storm the quarter-finals.”
