The festive holiday period can be a difficult time for many employers, for several reasons. Employers, for example, are often faced with the difficulty of having to accommodate employees who may want time off over Christmas. As many employees let their hair down at the office party, employers often have to deal with the aftermath. This article addresses a number of the main issues faced by employers over the course of the Christmas period and how they can deal with them on a practical level.
HOLIDAY REQUESTS OVER THE CHRISTMAS PERIOD
It is a common problem that a number of employees may wish to take time off at the same time over the Christmas period. This presents obvious issues for the employer particularly those businesses who are very busy over the Christmas period. Employers are faced with the difficulty of keeping all their staff happy whislt dealing with increased levels of cutomer demand.
How can employers deal with this problem?
As a means of dealing with this, it is sensible for businesses to adopt policies and procedures in order to avert any arguments amongst employees. On a practical level, this may involve settling out that leave will be allocated on a first come, first served basis. Employers should also stress that any leave requests will be subject to the operational needs of the business or department at that time. There is no harm in being explicit with employees by emphasising that they will be required to undertake work over the Christmas period.
Can an employer refuse a period of leave?
Whilst an employer can refuse a period of leave, they should have a business case for doing so. Over Christmas, refusal will usually be on the basis that the employer has insufficient staffing cover. It follows that the employee will be entitled to request their leave at some other stage in the year.
In the event an employee proceeds to take leave in circumstances where it is unauthorised, employers should refrain from taking excessive action. In a lot of cases, a sensible sanction may be an initial written warning together with non-payment for the period of time off. A final written warning or dismissal sanction could be taken to be excessive.
Employers should also be careful not to discriminate against Christian employees where they request time off over bank holidays. Again, employers should discuss the request with the employee in order to obtain some form of compromise.
THE OFFICE PARTY
Case law has shown that employees can be disciplined for inappropriate conduct at an office party. Equally, employers may be liable in cases where an employee alleges that harassment or some form of discrimination has taken place. As a result, employers should put appropriate measures in place in relation to the office party.
What steps should employers take?
Firstly, employers may not want to come across as too draconian when putting rules in place around the Christmas party. A sensible step for employers could involve sending an email to employees before the party takes place. This should set out the types of conduct that the employer considers to be inappropriate behaviour (i.e. harassment or abusive conduct). In doing so, the employer is better placed to protect themselves either in terms of taking disciplinary action against an employee or in defending any claims of harassment or discrimination. Employers may also want to consider adopting a specific policy for social events (to include the Christmas party) where such events take place on a regular basis.
Non-attendance after the Christmas party
It is not uncommon for excessive levels of alcohol to be consumed at the office party. Whilst this may be the sign of a good night for some, employers may experience difficulties with members of staff failing to turn up to work. An employer’s policy should contain a provision for such a scenario. In most cases, it would be acceptable for the employer to treat this as a period of unauthorised absence and then apply an appropriate sanction.
Feel free to post any questions
David
Replies
Thanks David an interesting post.
So last year I had a business where they provide one day off for all employees when they hold their Christmas party (during the normal working day). The employer requires all employees to attend (as essentially it is a 'paid' day) but last year one employee refused to do so on the grounds he did not celebrate Christmas (and it had been communicated as a Christmas party as opposed to a team building event). Also the workplace was not open so the employee could not work and and they could not work from home either,
The employer wanted to go down the disciplinary route for failing to follow a reasonable management instruction, and it got to an impasse.
What would you have suggested in this instance, was there any angle for discrimination i.e on the grounds of religion and not having a belief (as Chrismas is a Christan festival).
Would be interested to hear your thoughts.
All the best
Sarah