It’s that time of year when as an
employer, you are faced with a raft of trials and tribulations. Christmas
always tends to throw up all sorts of issues where annual leave, discipline and
discrimination are concerned. Here are some of our top tips on what you should
be doing in order to deal with these issues effectively, so that your workplace
Christmas can be a peaceful one.
Be Clear on Policy
Your seasonal policies should be
well documented and managers and supervisors should be familiar with them. Make
sure you have policies in place covering everything from annual leave to social
events.
It is vital to have policies in
place covering social events because as an employer you have a duty of care
towards your personnel, plus there’s the issue of the Equality Act 2010 that
makes you liable when it comes to discrimination, victimisation and harassment.
You need to be able to demonstrate that you have taken practicable steps to
prevent anything along these lines taking place.
Beware Discrimination
Religious discrimination is
something that causes employers a great deal of worry at Christmas. Will your
festive party offend those who do not celebrate Christmas? Hopefully not,
because staff parties should be focused on morale boosting rather than any sort
of religious observation.
It is wise in any case to be
mindful of all the religious festivals that fall throughout the year, and
ensure you are balanced in your approach.
You may also come across problems
with Christian employees refusing to work on bank holidays that have religious
significance. Again the Equality Act 2010 applies, which means you cannot treat
staff any differently to others because of their religion. Workers do not have
a right to time off in order to observe religious occasions, but if you do
refuse them, it could constitute religious discrimination. Putting a policy in
place is essential.
Know the Rules on Annual Leave
Employees do not have a right to
take holidays during the festive period and unless there is an agreement to the
contrary, notice equating to twice the length of the holiday they wish to take
must be given.
If taking leave is not acceptable
to you at this time of year, then you can give counter notice stating that the
leave cannot be taken, providing this notice equates to the length of the leave
requested, and that you are not stopping the employee taking the leave they are
entitled to for that holiday year. On refusing leave that falls within
allowable parameters, you must always be able to state valid business reasons.
Bear in mind that actions taken
against employees who fail to attend work without permission should be
reasonable. There have been cases where employees have been dismissed for this
reason, and later the dismissal has been found to be unfair by the Employment
Tribunal.
It is also worth noting that
unless a contract states otherwise, employees are not entitled to bank holidays
off, neither are they entitled to any additional pay when working them.
Confused about Christmas as an
employer? Chat your concerns through with your bookkeepers in the first
instance and they’ll point you in the right direction as to the advice you need
to get things right.
