Employment Law Tips for Christmas

With Christmas approaching, it is wise to consider what employment law issues may arise in the workplace.  These are just a few small considerations that could make the holiday season go smoothly:

Christmas Celebrations…not everyone celebrates the Christmas holiday, so be mindful of this when planning Christmas events.

Office Parties…whilst not wishing to be the bah humbug of Christmas, it is wise to set out the expectations of conduct and standard of behaviour required at the office party. As the alcohol flows, people lose their inhibitions and in some cases much more! Remember…employers can be viariously liable for the actions of their employees during the course of their employment. You may also wish to ensure that a sensible member of staff ensures that everyone travels home safely.

Unauthorised Absence…having the office party or celebrations on a week night may lead to late arrivals, unauthorised absence and sickness the following day.  Where possible, try to ensure that any celebrations are held where it is a non working day the next day.  Deal with any late arrivals, unauthorised absence, sickness etc in the usual way, in accordance with your company policies.

Holidays…depending on which days Christmas falls, many staff like to take the opportunity of enjoying a long break over Christmas and the New Year.  In fact, your Company may even decide to close between the Christmas and the New Year period.  It is wise to sort out December holidays well in advance and have a fair procedure in place, preferably contained in a Holiday Policy and ensure that everyone knows about it.  This avoids arguments between staff about who takes priority where the business needs to remain open throughout the Christmas period and staff are required to work.

Secret Santa…many companies encourage a Secret Santa.  Whilst this may be amusing to some and offer the opportunity to buy a gift anonymously, it can be extremely offensive and cause embarrassment if some people buy joke or offensive gifts.  If someone is offended it could cost you dearly in an Employment Tribunal.  Keep it fun and ensure no harrassment or offence is directed at any particular individual.

Christmas Gifts or Bonuses…if these have been given for many years, they could be deemed to be contractual by custom and practice.  If a bonus is contractual, then withholding it in any particular year, could lead to a claim for unlawful deduction of wages.  Remember… if you are giving a gift or bonuse, include any employees who are off sick or on maternity or shared parental leave.