It may be all over for the English team but Fergal Dowling, head of employment law at national legal firm, Irwin Mitchell, warns of the pitfalls which could impact on employer/employee relationships during the World Cup.
I formed my World Cup strategy some time ago, co-ordinating my diary and tournament wall planner. This involved negotiations at home to agree terms, such as a meal in a restaurant in exchange for a night in front of the TV with my England shirt on.

Negotiations would have gone on in workplaces across the country too as employees sought time off to watch the tournament and employers studied rotas so they could operate effectively.

This might appear straightforward as many matches have had evening or weekend kick-offs, but we should not forget that many organisations - such as factories, the emergency services, restaurants, hotels and the bars where many supporters will have been watching matches - work shifts and weekends.

Any employers who received requests should have checked their published policies are fair to all. We live in a diverse nation and employers must neither discriminate against fans of other nations in the tournament nor workers uninterested in football.

A request for time off should be regarded as a holiday request, and dealt with accordingly, but a number of requests are likely to have been for the same time period. Bosses could have given permission to employees offering the most notice or, where there was no formal holiday policy, required notice at least double the length of time requested, in line with the Working Time Regulations.

Managers might also have agreed to flexible working requests or suggested shift swaps so that employees who were not supporters stood in for colleagues who returned the favour later.

Staff who feel they made little headway in discussions may have resorted to requesting unpaid leave or go off sick. The former leaves the employer in control, as permission would have been granted only if it fitted business needs. Illness is more challenging, however, as bosses need to tackle the issue of whether it was genuine or feigned and act accordingly.

Looking at the closing stages of the tournament, strategies such as setting up screens in the workplace may offer an appropriate solution but these should not distract workers from the safe and effective performance of their duties. Bosses must ensure personnel abide by alcohol-related policies and do not regard the World Cup as justification for arriving at work while under the influence of alcohol.

During negotiations, employees might do well to remember their employers may want to watch the tournament too. The World Cup offers an opportunity for all tiers of a company to bond, particularly as we have been through a recession and tough times still lie ahead. I hope that, whatever happens on the pitch, the end result is a win for happy employer-employee relations.

Email: fergal.dowling@irwinmitchell.com