"Christmas Joy or Christmas Headache?"

From this to this

There are often many questions about employment matters surrounding Christmas.

The employee’s contract of employment, employee handbook and company policies are the first place to seek answers to any related questions. However, if the information is not contained within these documents, the following may give you some guidance. Alternatively of course, you can get in contact with us on 0208 816 726 or email us on info@completepeoplemanagement.co.uk to ask your specific questions.

Christmas Parties

There are a number of issues that may arise during office parties. They include:

Alcohol and drug consumption
Unreasonable behaviour
Damage to property
Personal injury

Prior to your Christmas or New Year Company event remember to:

o ask employees of their opinion of the event and decide whether any adjustments should be made in order that they will feel comfortable at the event;

o never insist that employees attend the party - not everyone celebrates Christmas;

o plan to serve alcohol and soft drinks;

o remind everyone of drink drive limits;

o consider age limits – do not allow under 18’s to drink;

o avoid mistletoe to eliminate any harassment claims;

o serve food in line with religious requirements. This will include checking the food ingredients. Serving vegetarian food will overcome some difficulties and is a useful option for all employees to take advantage of.

Alcohol and drug consumption - as an employer you have a legal right under the health and safety at work Act to refuse employees to work when they are under the influence of alcohol and/or drugs. As the employer you must:

Limit the amount of or simply do not provide alcohol to employees at an event for example during a Christmas dinner;
Report any use of drugs to the police. Taking drugs is a criminal offence and the employer can be prosecuted under the Misuse of Drugs Act 1971 if they are aware that illegal drugs are being used or distributed on the premises;
The employer also has a duty of care towards its employees who attend a Christmas party.

To avoid employees potentially drinking and driving it is strongly recommended that:

Non-alcoholic drinks are provided. This will also help with absenteeism that can occur the day after the party.
The party ends before the last train, bus, etc, departs.
Employees are provided with local taxi numbers and are encouraged to use them.
Minibuses are hired to take people home.
Employees are encouraged to book into a nearby hotel or the hotel where the party is being held (if applicable).

If an employee reports to work under the influence of alcohol send them home on paid suspension. Hold an investigation meeting with the employee on their return to work when they are sober. This is probably one of the few times that you would not hold an investigation meeting with the employee before you suspend them.

Unreasonable behaviour – the employer is vicariously liable for employees’ conduct

associated with their employment, even if the event takes place outside of normal office hours and at non-work locations. For example, employees who meet in a bar prior to attending the Christmas party or continue in a night club afterwards. Any unreasonable behaviour is the responsibility of the company. The employer would be wise to:

o Re-communicate the company Equal Opportunity Policy and Harassment and Bullying Policy prior to the company’s Christmas event;

o Train and re-train employees on harassment and bullying;

o Remind employees that they should behave responsibly at work events and that inappropriate behaviour will be dealt with through the company disciplinary procedure;

o Appoint employee representatives to stop matters getting out of control;

o Deal with any subsequent employee grievances promptly and professionally.

Damage to Property – The Company will be liable to pay for damage that an employee causes to someone else’s property during a company social event. The company may not be able to claim the money back from the employee unless it states otherwise in the employee’s contract of employment. The money cannot be legally claimed via the employee’s wages, another method of payment must therefore be sought.

Personal injury – The company has a duty under the Health and Safety at Work Act to take care of employees’ health and safety including eliminating risks at the party venue. It is normal practice that personal injury claims do not cover over-zealous celebrations.

Gifts from suppliers, clients, etc

Where gifts and/or tips are allowable under company policy the employee must be made aware that they must notify their manager and the Inland Revenue upon receipt of such items.

Lateness due to employee hangovers

Employees who report to work late as a result of over indulging are in effect in breach of their contract of employment. The employer must:

Not let the matter go un-noticed.
Speak to the employee and record the incident on the employee file.
Consider disciplinary action.
Consider deducting the equivalent monies from the employee’s pay. This will only be legal if indicated in the employee’s contract of employment.

Sickness Absence during the Festive Season

As with lateness the employer must:

Not let the matter go un-noticed.
Conduct a return to work interview and record this on the employee’s file.
Consider deducting the equivalent monies from the employee’s pay. This will only be legal if indicated in the employee’s contract of employment.

Bank holiday and holiday entitlements

The legal minimum holiday entitlement is 5.6 weeks -28 days (pro-rata). This entitlement may include bank holidays. For example, most people who work full-time will get at least 28 days holiday each year, however, if bank holidays are included this means 20 days are holiday days and 8 days are bank holiday days.

During the Christmas and New Year period there are 3 bank holiday days, namely Christmas Day, Boxing Day and New Years Day. Therefore the employer:

Cannot enforce a shutdown unless the employee’s contract allows for this. Namely, if the employer wishes employees to take the 3 bank holiday days as holiday days this must be stipulated in the employees terms and conditions of employment.
Must consider requests for holiday days over this period in the usual way.

Special note – Non-Christians who are forced to use up their holiday leave may view this as discriminatory particularly if their own religious holidays force them to use up their holiday allowance.

Overtime Payments

Overtime payments will be detailed in the employee’s contract of employment or other associated document. The company must decide in advance what payments will be made to encourage employees to work on these days. Any previous payment system must be considered as this may have set a precedence that is binding.

Using the company mail system to send Christmas cards

Where there is no policy, using the company mail system without permission would amount to theft.

If an employee is found to be using the mail system without authorisation then it would be prudent to implement the company disciplinary procedure. Dismissal would be viewed as too harsh a penalty unless the use of the postal system was prolonged.

Using the company computer to order Christmas presents on line

It is prudent for the company to make it clear to employees who have access to the Internet, whether they are allowed to use the Internet for personal use and whether this extends to ordering presents on line.

Reminding employees about their expected conduct over the Festive Season and during company events can remove headaches and anguish at the start of 2010. As an employer you should be able to enjoy this holiday period too.