England v Mexico: Workers given misconduct warning over fake sick days on Monday
Workers have been warned that taking fradulent sick days could be classed as misconduct in advance of England’s early-morning World Cup clash against Mexico.
The knockout game is due to kick off at 1am Uk time on Monday morning – with pubs being granted special dispensation to open until 5am to allow fans to watch the match. The Night Time Industries Association has said it expects a “significant boost to hospitality businesses” as a result of the decision.
Paul Kelly, head of the employment team at Blacks Solicitors in Leeds, said companies are under no obligation to accept last-minute requests for days off.
He said: “There is no statutory obligation on employers to grant annual leave on demand. Under the Working Time Regulations 1998, employers can insist on notice and can refuse or restrict leave on particular dates, so whether to accommodate last-minute requests around the 1am Monday kick off is largely a matter of discretion.
“With England having beaten DRC and their next match in Mexico kicking off in the early hours UK time, employers are likely to face a fresh wave of requests.
"Genuine sickness is different, an employee who is actually unwell is entitled to be treated as such, but there is no right simply to take unauthorised time off to watch a match.”
Mr Kelly added there are risks for both workers and companies when it comes to unauthorised absences and fraudulent sick days.
He said: “The real risks lie in how employers respond. Blanket refusals often backfire, prompting unauthorised absences or ‘duvet days’ dressed up as sickness.
"The pragmatic approach is to set expectations in advance, in writing, explaining how leave requests will be handled, considering flexible working, and monitoring absence fairly.
"Fraudulent sick days, once established, can properly be treated as misconduct, a real prospect where staff are tempted to stay up for a 1am kick off from Mexico.”