World Cup time off

Employees and employers need to know, respectively, what they can do to get time off for watching World Cup matches or to handle requests

The first thing to remember is that all workers are entitled by law to a minimum of 28 days' paid holiday each year and that right starts from the first day of working. Contracts and policies may permit holiday carry-forward. Additionally and there are also recent court decisions that provide that workers who are sick during holiday may be able to carry “lost” holiday forward. In any given year a worker may have more than 28 days to take

Contracts or policies may define when holiday may be taken. So, some employers can require holiday to be taken during a works close-down and/or over the Christmas period or not to be taken at particularly busy times. Limits on the length of a holiday may apply – say, no more than ten consecutive working days at a time. These rights to restrict are properly enforced if they are reasonable, objective grounds, applied in the same way.

If there are no contractual or policy provisions then the employer is unable to restrict or require how and when holiday is taken provided that the employee gives proper notice.A worker must give notice which is twice as long as the holiday requested. A two day holiday calls for four days' notice.An employer can refuses a request but this must be in writing by notice given as far ahead as the length of proposed holiday: in the context of World Cup requests that would be one day before a proposed one-day holiday is due to start. Pre-existing in-house rules may adjust these notice periods

It is common for an employer to have a contractual or policy system to prevent too many people being off at the same time. This is fine provided that exercising it is in line with other in-house rules. It must be exercised fairly and in a non- discriminatory system.  A 'first come, first served' basis might be the safest but is not always possible. Inadvertently, a system allowing staff with longer service to have preference could discriminate against younger employees and might also be sex discrimination as (on average) women have shorter service than men. Employers should be careful not to make decisions based on the country supported by the employee!

Subject to what is said below that is the framework within which requests for time off to watch World Cup matches should be administered.

Some practical suggestions for employers and employees for dealing with World Cup fever:

            Be clear about what your own holiday rules (contracts and written policies) provide.

            If there are no in-house rules check out the 'default' position under law (outlined above).

Employers could remind staff well ahead of the Cup period what the rules are.

Employers and employees could consider a staff/management meeting to try to work out a scheme for the period of the World Cup.

Take legal advice if you are uncertain.