We hope that our 12 tips will help you navigate the festive period.
- Christmas parties – make sure that everyone is included and that reasonable adjustments are made where required. Consider whether you should be inviting absent employees, such as those on maternity leave or on long term sick leave, subject to the arrangements you have in place with such employees.
- Vicarious liability - Employers can be vicariously liable for bad behaviours at Christmas parties, as an event organised through the workplace is likely to be considered an extension of the workplace. It is important to remind staff that it is a work event and of the behaviours that are expected. Prevention is better than cure!
- Social Media Policies - remind employees of social media policies – an ill-judged photo of Christmas party shenanigans on Facebook could damage an employer's reputation.
- Repercussions following the Christmas party – don't dismiss complaints made about behaviours as drunken antics or banter. Is it a grievance that requires investigating? If there has been a misconduct issue at a social event, it is important to take prompt action. If more than one employee was involved in the incident, listen to both sides and treat all parties fairly.
- Suspensions and exclusions are not a neutral act, so make sure that any decision to suspend or exclude an employee is a not a knee jerk reaction. ACAS has issued new guidance specifically dealing with suspensions and NHS Resolution's Practitioner Performance Advice service (PPA) has issued guidance and resources on managing exclusions under MHPS (Maintaining High Professionals Standards in the Modern NHS).
- Locum Contracts - are essentially fixed term contracts. If you decide to terminate the contract then you will need to ensure that you have a fair reason for dismissal and have conducted a fair process - the termination of a fixed term contract is still a dismissal in law.
- Annual Leave - make sure annual leave over the festive period is allocated fairly to avoid resentment and disputes. Don't make assumptions about whether or not some employees will be more willing to work over Christmas than others.
- Holiday pay - following the recent Supreme Court decision in Harpur v Brazel, ensure you undertake an audit of the holiday pay calculations for all of your workers who work irregular hours to ensure they are being paid correctly - and it is recommended that you use the 'calendar week method' (calculating average pay over a 52 week reference period).
- Sickness Absence - some employers face a rise in sickness absence over Christmas – which may or may not be genuine. Don't jump to conclusions (even if the employee has form) but if you can evidence that the sickness absence is not genuine, you may be able to deal with it as a disciplinary issue. Otherwise, make sure you follow your sickness absence policy.
- Consideration of employees' mental health - Christmas can be a stressful and anxious time for a variety of work and personal reasons and many people are struggling with the cost of living crisis. Consider reminding employees of any support you have in place, such as employee counselling services.
- Industrial Action – in July 2022 the government introduced a new law allowing employers to use agency staff to plug gaps caused by striking workers. It has also increased the maximum damages courts can award against a trade union for unlawful strike action from £250,000 to £1 million.
- Whistleblowing - be alert to any concerns that are raised that could be deemed to be whistleblowing, particularly if staff are struggling with workloads. The number of claims from employees who have been subjected to a detriment arising from whistleblowing disclosures are on the increase and the pay outs if successful are significant. A nurse, who was dismissed after she warned that an increased workload had contributed to a patient's death, received £462,000 in compensation at the employment tribunal. It is important to ensure that concerns raised by employees are taken seriously and investigated.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
