As the 2026 FIFA World cup gets underway, with matches taking place in the US, Canada and Mexico, many employers may be waiting in trepidation. Will the football fans among your staff be turning up tired, hung over, still under the influence (!) or at all?
It is a common concern when big sporting competitions take place with thousands watching in stadiums and millions watching worldwide. Many ardent football fans may have already spared their employer the worry and booked the time off as annual leave to watch from home or even to make the trip across the Atlantic to watch in live time.
For most though, with matches taking place in the late evening or the middle of the night due to the time difference (and pubs allowed to stay open until kick off), getting up to go to work is going to be a real problem – and who wants to watch a match on demand?
The vexed question for employers is, to what extent, if at all, should you make allowances for staff who want to watch the World Cup.
Some employers may decide to give staff the time off – potentially to be made up at a later time when sleeping patterns return to normal – or as unpaid leave. In Scotland, there is to be a one-off national Bank Holiday for NHS staff and government employees on 15 June 2026 to celebrate the first time the Scottish team will be playing in the contest since 1998. Private businesses are not legally obliged to give the time off – although many are likely to do so lest be labelled fun-sponge employer of the year.
There is, of course, no right for employees to insist on extra time off to watch the World Cup – although staff can still make the case to their employers that it would be better for everyone that they did.
Employees can legally get the time off by requesting a holiday and many will have done this already. With matches underway, employers may find staff requesting holiday at the last minute to cover their absence due to anticipated over-tiredness or post-match soreheads the next day. Employers should also expect to have to deal with holiday requests where the notice normally required for holiday may not be given. With football fever spreading across the country, some employers may want to relax their rules around the notice that employees need to give to take holiday. Other employers may want to reinforce them – particularly during busy work periods where last minute absence will cause delays in production or meeting customer demands.
Employers may receive requests from employees for more flexible working during the competition, such as employees asking for different shifts or starting later than normal to catch up on sleep/sleep off a hangover after watching a late-night match.
An employer must consider a genuine request for flexible working. So, for example, if an employee offered to make up the time missed by a late start, the employer would at least have to consider it.
However, employers can of course reasonably and fairly refuse a flexible working request made under the statutory framework on a number of broad grounds, although the reason itself is not a ground to refuse. It is, however, unlikely that employees will make a statutory request for flexible working because if a change to contractual terms and conditions is agreed pursuant to such a request, it is a permanent change to the contract.
Most requests made will, of course, be informal and will be for a temporary change to working conditions for the duration of the tournament. It will, however, be important to establish this with the employee and it must be made clear that any agreement is for a temporary change and for a limited period.
Some employers who are already bracing themselves for “World-Cup sickies” have expanded their flexible working policy for the tournament. Employees are therefore being allowed to start later than usual if they wish to watch a game, providing that they let the employer know beforehand – therefore avoiding the issues that arise when unexpected absence occur.
Whilst many businesses will not be able to afford to relax working hours or attendance, a blanket refusal to allow any time off may be counterproductive. Being able to take a more flexible approach to staff who want to watch the World Cup could be an opportunity to improve employee morale and, conversely, improve engagement and productivity.
It is perhaps inevitable (and possibly a statistically verifiable fact) that employers are going to see an increase in sickness absence over the duration of the tournament.
The company, Bright HR, which tracks employee absence across over 50,000 UK businesses, predict that at least 1.5 million workers will call in sick during the 2026 World Cup tournament, adding that this could increase if England or Scotland (or both) make it to the knockouts.
If employees do call in sick, they don’t generally have to produce evidence of why they are ill or any details of the medical condition for the odd day’s absence. If an employee is off work for less than seven days, including weekends, the employer cannot request a Fit Note since employees are able to self-certify for up to 7 days’ sickness absence.
Of course, on return from sickness absence, it is best practice for an employer to hold a return-to-work meeting with the employee and ask for the reason for the absence. It will be up to employer to determine whether the reason is truthful or not and, if not, whether to engage its formal disciplinary procedure as a result.
There is the added issue, which is that, since April 2026, statutory sick pay is payable from day one of sickness absence. Given that any World Cup sickies are unlikely to be for more than one day at a time (depending on favourite teams), it could prove an administrative burden for some employers. Again, this may be a good reason for relaxing your flexible work policy while the tournament continues.
It goes without saying that if you receive informal requests from employees to work flexibly over the course of the tournament, you must treat all requests equally, regardless of who is playing.
Your workforce demographic is important to consider as any approach may involve risks of claims of direct or indirect discrimination on the grounds of race or nationality.
For example, you would be inviting indirect race discrimination claims if you only allowed time off or flexible working for England supporters (or any nationality). Employer must apply a uniform approach to all nationalities to avoid potential discrimination claims.
It is also worth being mindful of your broader approach to requests for flexible working relating to sports events or other special events. Some employees, who may not like football or may not be as interested, may feel disgruntled if the perceive that football fans are being handed a free pass to come in later to work or to take unpaid time off. It’s not difficult to foresee a situation where an employee asks to take a longer lunch break to watch Wimbledon or start later to watch the Super Bowl. To avoid accusations of bias or favourable treatment or potential staff conflict, all such requests should be dealt with fairly on a case-by-case basis.
If staff are staying up late or until the wee hours of the morning to watch a match, chances are they might consider having a drink or two. There is a risk that one too many drinks could result in an employee turning up to work, whilst still under the influence.
For any employee who attends work under the influence, it is likely to be a disciplinary matter. For those for whom it would be illegal to work if under the influence – drivers, doctors or those using machinery – it is almost certainly going to be one.
To avoid still inebriated employees risking driving to or attending work, it is advisable to send a timely reminder to all staff of your policy on Alcohol and Substance Abuse in the workplace and that alcohol can remain in the system and continue to impair function long after the peak effects have subsided. Remind employees that they are responsible for their own conduct and the potential disciplinary consequences of coming to work while still under the influence. No one wants to be a party pooper, but it pays to be cautious, and most employees will appreciate it.
Each employer will have to make its own decisions about how to approach the next month while the 2026 World Cup tournament continues. There is no perfect one-size-fits-all solution. Whatever your approach, action should be taken now to make it clear what your approach will be and what your expectations are – as with everything, it comes down to communication.
It is, however, recommended that you try to be as flexible as possible, to optimise productivity, reduce unplanned absences and boost morale in an event that most of the world becomes obsessed with every four years.
Photo by Fauzan Saari on Unsplash
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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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