England v Mexico World Cup: Can I take the day off if I watch the 1am kick-off?
England v Mexico World Cup: Day off rules for 1am kick-off

Millions of fans face a tricky Monday after 1am kick-off

England's World Cup match against Mexico kicks off at 1am on Monday, potentially lasting until almost 4am if it goes to penalties. This leaves many workers with little sleep before the morning commute. Pubs will be allowed to open until 5am to show the game, according to reports.

Can I take the day off?

Dedicated fans who booked holiday as soon as tournament dates were confirmed are covered. But for others, Nicole Humphreys, a partner at solicitors Mayo Wynne Baxter, says there is 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 on Thursday morning and your workplace allows it, you might be OK. Taking the day off without permission could lead to disciplinary action.

What about pulling a sickie?

Feeling sick after a loss does not count as a valid medical reason. While you do not need a sicknote for one-day absence, you may need to self-certify. 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.” If an employee cannot give a satisfactory answer, disciplinary action is likely.

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What if I'm late for work?

Unless agreed with your boss, lateness counts as unauthorised absence. Employers typically only act if it happens repeatedly. The TUC has called on employers to allow flexible working on Monday, including later starts or working from home. Paul Nowak, TUC general secretary and 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?

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?

With pubs open until 5am, hospitality workers may be asked to work extra shifts. There is no automatic right to extra pay or time off in lieu for overtime, but employers cannot require you to work. Danielle Parsons, partner at Irwin Mitchell, says precarious hospitality work makes it hard for workers to decline extra shifts. She adds: “Any extra shifts should be offered fairly and on a voluntary basis, as some workers may struggle with sudden changes due to childcare or caring responsibilities.” Contracts should specify terms, and employers must comply with minimum wage and rest period laws.

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