As England prepare to battle it out with Spain in the final of Euro 2024 on Sunday, certain employment issues have risen. With the match having the potential to go on until around 11pm (if extra time and penalties are required), some employers are offering their employees flexible arrangements for Sunday evening and Monday, 15 July 2024.
Employer responses
Several retailers have changed the opening hours of their stores in England. Tesco and Sainsbury’s, for example, have decided to close certain stores early on Sunday, whereas Lidl has announced that its stores will open one hour later than usual on Monday.
Other businesses are proposing flexible working arrangements. Gymshark, for instance, is permitting its UK employees to take Monday off; Dash Water is allowing its employees to start at 10:30am on Monday; and some marketing and PR agencies are allowing their employees to work from home on Monday, combined with a late start (if England win!).
Legal considerations for employers
1. Fair treatment: employers should apply special working arrangements consistently to avoid potential discrimination claims.
2. Working time regulations: any changes to shift patterns must comply with the legal requirements for rest periods and maximum working hours.
3. Pay: if altering working hours, employers must communicate clearly any impact on pay and ensure compliance with employment contracts.
4. Absence management: employers may experience increased absenteeism as a consequence of the football and should, therefore, be prepared to follow the applicable policies and procedures.
5. Annual leave requests: employers should consider how to handle any short-notice requests for annual leave and ensure that leave is fairly distributed amongst employees, whilst balancing the needs of the business. For example, smaller employers may not be able to facilitate multiple members of staff taking leave at the same time.
6. Health and safety: this is everyone’s responsibility – employers have a duty of care to their employees, and employees have a responsibility to ensure that they are fit to carry out their duties safely. Where an employee is not fit for work (e.g. due to alcohol consumption) s/he should, of course, not attempt, or be allowed to attempt, to undertake safety critical tasks such as driving or operating heavy machinery.
Best practices for employers
1. Make your expectations clear to all employees concerning attendance and performance;
2. consider applying a temporary policy for this event to pre-emptively address potential issues, for example, if suitable for the business, you can allow employees to work from home on Monday;
3. remind employees of current policies on absence and alcohol in the workplace;
4. encourage employees to book annual leave if they anticipate needing time off, communicate to staff why not everyone may be able to book annual leave and have measures to allocate leave fairly; and
5. be prepared to address unauthorised absences with a consistent and reasonable approach, following disciplinary procedures where necessary.
It is also important to note that the Prime Minister, Keir Starmer, has made it clear that no decision has been made yet as to whether a bank holiday will be announced if England wins!
Comment
As an employer, it is important to strike a balance between employee morale and maintaining business operations. It may be worth having an open discussion with your employees, specifically if no allowance has been made regarding the game and its aftermath, to reach a fair compromise that works for you and your employees.
How can we help?
Chloe Hickling is a Trainee Solicitor in our expert Employment Law team.
If you have any questions concerning the subjects discussed in this article, please contact Chloe or a member of our expert Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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