Posted: Thursday 1 December 2011
Christmas Employment Law Issues
The Christmas period, while eagerly anticipated by most, can bring about a variety of issues for both employers and employees. So, without wanting to spoil anyone’s festive cheer, here is a brief reminder of a few things to bear in mind throughout the festivities…
- Not everyone celebrates Christmas
Employers should remember that it may be that not all of their employees will celebrate Christmas (with Christian connotations) and appropriate care and sensitivity should be taken to ensure that employees do not feel excluded or uncomfortable by, for example, feeling compelled to take part in certain types of celebrations. - Decorate the office – but don’t go overboard!
Decorating the office is usually a good way of bringing some Christmas spirit to the workplace. But remember that the workplace remains “a workplace”. As well as the obvious health and safety considerations, employers may wish to ensure that there are sensible limits on decorations etc in the office. - Beware of your obligations as employer at Christmas parties and social events
Christmas parties and social events are, in most cases, enjoyable and have a positive effect on employee morale and relations. However, they can be catalysts for a variety of problematic situations (usually brought on by excessive drinking). Statistics suggest that the majority of employers surveyed had, at some point, required to dispense with the services of an employee after a social event due to conduct issues. Staff recreational activities organised by the employer are generally considered to come within the scope of an employee's course of employment. It is therefore wise for employers to have specific policies in place regarding social events, especially given that they will generally have the same obligations and responsibilities towards employees during such events as they do in the workplace itself. Similarly, employees need to remember that their conduct at work related social events may have serious consequences if they overstep the mark. If an employer does not have behaviour at social events covered by existing policies, then a quick fix solution would be to send around a suitably worded email before the event in question. - Treat grievances raised seriously
Any grievances received following a Christmas party, social event or other festive occasion must be treated no differently than it would if submitted at any other time. Accordingly, it is important to follow the correct procedures and deal with grievances timeously and in a sensitive manner. - Be prepared for snow and travel disruption
After last year’s travel chaos, it is a good idea for employers and employees to discuss in advance the arrangements to be made in the event that people are prevented from getting to work and to have clear policies in place regarding the action to be taken if employees find themselves snowed in. My recent blog - Are You Prepared For Winter? - includes some practical tips to minimise any disruption. - Be organised when it comes to Christmas shopping to avoid having to pull a ‘sickie’
Statistics have shown that the number of workers pulling ‘sickies’ in the UK increases dramatically over the Christmas period (see last year’s blog, here.) Although invariably people are more prone to contract colds and flu at this time of year, studies suggest that the cause of these absences is in fact last minute Christmas shopping! As we mentioned in our blog, this can be costly for employers and employees should therefore bear this in mind.
So there you go.... you have been warned!
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