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England

1966

England did not enter the first three editions of the FIFA World Cup, in 1930, 1934 and 1938.

Until Kylian Mbappé in 2022, England’s Geoff Hurst was the only player to score a hat-trick in a FIFA World Cup final, doing so in England’s 4–2 win over West Germany in 1966.

In three of their four FIFA World Cup appearances across the 1990s and 2000s, England were eliminated on penalties: against Germany in 1990, Argentina in 1998, and Portugal in 2006.

England have not lost a FIFA World Cup qualifier since 2009.

Contributing firms

Penningtons Manches Cooper
Shakespeare Martineau

Contacts

Andrew Haywood (Penningtons Manches Cooper)
Jon Heuvel (Shakespeare Martineau)

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

Absence without leave is a potential disciplinary issue entitling the employer to take appropriate disciplinary action.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

Again, this is a potential disciplinary matter. Depending on whether the medical certificate was forged or 'suspicious', there may be two separate disciplinary issues to deal with here.

c) the employer suspects employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

The consumption of alcohol before work or at the workplace is not of itself a disciplinary offence (unless the employer has expressly stated otherwise) but may be forbidden where impairment caused by alcohol could give rise to health and safety risks.

A breathalyser test can never be administered without the employee’s consent – even in safety-critical roles. However, with the use of appropriate workplace policies, an employee’s refusal to give consent may be treated as a disciplinary offence.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

With employees' consent, this would be permissible but unilateral changes could give rise to a claim for breach of contract and/or for discrimination.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

This could amount to a breach of the IT policy as well as a potential contractual breach of their employment contract because they have not dedicated all their time to their role. These breaches could result in disciplinary action being taken.

In these situations, prevention is better than cure and so it is recommended that the company ensures there is a clear policy in place which is circulated to all staff prior to the World Cup commencing.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

Staff-organised events are generally treated as an extension of the workplace, so normal disciplinary considerations will apply. For private events, however, the employer would need to establish a clear link between the behaviour in question and the employment relationship in order to be able to take any action.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

It depends on the employees’ contractual terms.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

Yes, workplace sweepstakes are lawful, and do not require a gambling licence, provided they adhere to strict conditions. They are a popular activity in many workplaces.

4 May employers prohibit public displays of rival country team colours in the workplace?

In principle, yes, provided that the rules are neutral, proportionate and applied equally to all teams and national colours.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

Yes, this could give rise to a claim for discrimination either on grounds of sex and/or race.

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

The timings for the World Cup games are quite favourable in the UK, as they are largely evening games and, therefore, unlikely to significantly impact most employers. Obviously, that will not be the case for all employers, where they have shift workers or night staff, and considered guidance should be given to those affected. For the majority of employees who work regular daytime hours, the employer would not be entitled to interfere with how an employee spends their private time, but guidance could still be given for those games in the early hours of the morning, asking employees to be mindful of their duties and responsibilities whilst at work.