Christmas time is filled with
doubts and concerns for the employer who tends to spend much of his or her time
during the festive season run-up dealing with all sorts of issues such as
annual leave requests, overtime grievances and disciplinary issues.
1.
Social Events
Employers have a duty of care
towards their workforce and the Equality Act makes employers liable for acts of
harassment, victimisation and discrimination during the course of employment,
although if evidence can be provided that reasonable steps were taken to
prevent such acts then it may be possible to avert any action.
Action to take: ensure you have a
set policy on workplace social events and evidence that it is enforced.
2.
Overtime
Providing your contracts of
employment incorporate clauses that require employees to work overtime as and
when required, then you can expect your staff to agree to overtime over the
festive period. If they refuse then you will usually be within your rights to
discipline them.
Action to take: check your
contracts to ensure you have stipulated that your workers must undertake
overtime during busy periods before attempting to enforce it.
3.
Annual Leave Requests
Many employees have a desire to
take holidays during the festive period so they can spend time with their
families. However, unless there is a contractual agreement, they are not within
their rights to insist upon it and must provide notice equal to twice the
length of the leave they are looking to take.
Employers are then able to put a
counter notice forward stating that the leave has been refused, providing the
counter notice matches the length of the leave requested and the staff member
is not being prevented from taking leave they are entitled to within that
holiday year. You’ll need to present valid reasons if you want to refuse an
employee who has enough leave accrued and who has given reasonable notice.
Action to take: be clear on the
annual leave allowances and policies you have incorporated into your workers’
contracts. Never refuse leave without valid reason.
4.
Late to Work
It is not uncommon for workers to
turn up late the next day following the annual Christmas party. But what is the
employer’s position?
Employers have a right to make
deductions from workers’ pay if they are late to work, providing there is a
clause in the employment contract allowing them to make deductions from wages
for unauthorised absence.
Action to take: make sure your
employment contracts include such a clause, and that your disciplinary policy
states that non-attendance following any form of staff event could lead to
disciplinary action.
5.
Annual Leave Requirements
For some businesses, the
Christmas and New Year period is the ideal time to shut down and many employers
require workers to reserve annual leave to take at this time of year.
As long as it is stipulated in
the contract of employment, employers are able to stipulate when leave should
be taken.
Action to take: ensure your contracts of employment and holiday policy
stipulate any particular requirements you have concerning the need for staff to
reserve a certain amount of their annual leave to cover the Christmas and New
Year shut down period.
If you are in any way concerned
about dealing with staff issues over the festive period, why not talk to your
bookkeepers in the first instance? They’ll be able to set you straight on the
key rules and, if necessary, refer you on for legal advice.
