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HR Mangers Festive Survival Guide

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Up to 200 extra staff have been recruited at Warrington’s main shopping centre, Golden Square, to cope with the expected Christmas rush this year.  But just as retailers are getting to grips with their resourcing issues and the hiring of additional staff, the Christmas period can throw up several issues for employers with their regular, permanent employees, which can lead to a New Year hangover to contend with.   In the interests of a Merry Christmas and a Happy New Year for all, our advice is don’t get caught out - have clear policies in place and communicate those to staff now.

Here are my six seasonal pitfalls HR Managers need to prepare for:

  1. Holiday requests Staff should follow the organisation’s normal policy for booking annual leave. In the absence of an agreement to the contrary, workers must give notice equal to twice the length of the holiday that they wish to take, although you may want to be a little more flexible at this time of year. The kind of restrictions you may need to consider include requiring workers to use their annual leave entitlement to cover a period of time when the organisation will shut down; expecting employees to take annual leave when the business is closed; specifying the maximum amount of leave employees can take and when it may be taken; or restricting the number of workers who can be off at any one time. If a situation arises where an employee takes leave without approval, the matter should be addressed with caution so that the penalty is not disproportionate. Also, while employees do not have the explicit right to time off for religious observance, a refusal to grant Christian employees time off for any of the bank holidays with religious significance, could amount to indirect religious discrimination. Finally, when public holidays in the Christmas and New Year period fall on Saturdays and Sundays, alternative weekdays are declared public holidays. There is no statutory entitlement to paid leave for public holidays.
  2. Christmas bonuses Although very welcome, Christmas bonuses can be a tricky one for employers. Regardless of any previously defined preconditions, employees may often have a reasonable expectation that a bonus will always be paid, so in order to confirm these as discretionary, there are specific actions employers should take. Consider whether the regularity of bonuses paid in the past means that the payment has become part of the employees’ terms of employment through custom and practice. Also take into account whether the gift has been described as ‘discretionary’ each year and whether the employer has exercised that discretion. Another potential problem is promises given to employees by management at the Christmas party. Whilst many cases brought by disappointed employees have been dismissed by tribunals, promises made at social functions can be contractually binding. So brief your senior staff beforehand! 
  3. Snow causing issues?  With advance warnings of bad weather this winter, it is important that the company communicates its attendance policy with regards to weather restrictions and how it can affect travel. As employees who do not work due to adverse weather are not entitled to be paid, it is necessary for employers to have a policy in place for those who cannot work from home. This might include providing employees with the options of converting the day into paid holiday, taking unpaid leave or making up the hours later. It is also advisable to have a written policy that is sent to all staff when adverse weather is predicted, so they are reminded of the policy and have the chance to make alternative arrangements where necessary.
  4. Sickness absences Winter means an increase in workers calling in sick. Employers should ensure employees are aware of their obligation to contact work on the first day of sickness.  They should also hold back to work interviews when staff return where employees either fill in a self-certificate explaining their short-term sickness or hand in a doctor's letter - if the illness lasts more than seven days. Staff failing to show up for work the day after the Christmas party? An employer can make deductions from employees’ pay if they turn up for work late as long as the right to make deductions from wages for unauthorised absence is reserved in the employment contract. If disciplinary action is to be taken for lateness or non-attendance after the Christmas party, again employers should ensure that staff are informed that this is a possibility in the disciplinary policy.
  5. Other religions Employers need to bear in mind employees of all faiths during the Christmas period.  While they should not assume that employees who do not celebrate Christmas wouldn’t want to take part in the celebrations; neither should they be put under pressure to do so. Under the Equality Act 2010, employees are protected from direct and indirect discrimination on the grounds of their region. While there is no right to time off for religious observance, refusing to allow a Christian employee time off for bank holidays with a religious connection could be seen as indirect religious discrimination. Employers should keep a policy on religious observance during working hours and be supportive towards employees whose religious festivals fall at different times of the year. Employers that do not already have a policy on religious holidays should consider introducing one.
  6. Secret Santa ‘Secret Santa’ is increasingly common but employers should be careful of the messages certain gifts can convey. Employers should avoid gifts which could be taken as being offensive or suggestive. In terms of corporate hospitality and gifts at Christmas, employers need to provide clear guidance to employees in light of bribery legislation and be conscious of the impartiality of the employer going forward. With the work Christmas ‘do’ throwing up its own set of issues - to ensure you’re prepared for any unwelcome incidents…

Kim Hayton FCIPD is HR Director for FDR Law and founder of private HR consultancy Hayton Heyes.  For further information of FDR HR consultancy service, FDR HR, please contact: 01925 230000